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Full text of "North Carolina Register v. 1 no. 2 (5/15/1986)"

RECEIVET1 

SEP 11 m% 

LAW LIBRARY 



NORTH CAROLINA 

REGISTER 



IN THIS ISSUE, 



PROPOSED RULES 
Milk Commission 
Savings and Loan Division 
Division of Archives & History 
Mental Health, Mental Retardation 

and Substance Abuse 
Youth Services 
Boiler and Pressure Vessel 
Medical Examiners 
Environmental Management 
Soil and Water 
Notary Public 



ISSUE DATE: MAY 15, 1986 
Volume 1 • Issue 2 • Pages 74-97 



INFORMATION ABOUT THE NORTH CAROLINA REGISTER AND ADMINISTRATIVE CODE 



NORTH CAROLINA REGISTER 

The North Carolina Register is published monthly and 
contains information relating to agency, executive, legislative and 
judicial actions required by or affecting Chapter 150B of the 
General Statutes. All proposed administrative rules and amend- 
ments filed under Chapter 150B must be published in the Register. 
The Register will typically comprise approximately one hundred 
pages per issue of legal text. 

State law requires that a copy of each issue be provided free 
of charge to each county in the state and to various state officials 
and institutions. The North Carolina Register is available by 
yearly subscription at a cost of ninety-five dollars ($95.00) for 
12 issues. 

Requests for subscription to the North Carolina Register should 
be directed to the Office of Administrative Hearings, P. O. 
Drawer 11666, Raleigh, N. C. 27604, Attn: Subscriptions. 



ADOPTION, AMENDMENT, AND REPEAL OF RULES 

An agency intending to adopt, amend, or repeal a rule must 
first publish notice of the proposed action in the North Carolina 
Register. The notice must include a reference to the Statutory 
.Authority for the action; the time and place of the public hearmg 
and a statement of how public comments may be submitted to 
the agency either at the hearing or otherwise; the text of the 
proposed rule or amendment; and the proposed effective date. 

The Director of the Office of Administrative Hearings has 
authority to publish a summary, rather than the full text, of any 
amendment which is considered to be too lengthy. In such case, 
the full text of the rule containing the proposed amendment will 
be available for public inspection at the Rules Division of the 
OtTice of .Administrative Hearings and at the office of the 
promulgating agency. 

Following publication of the proposal in the North Carolina 
Register, at least 60 days must elapse before the agency may take 
action on the proposed adoption, amendment or repeal. 

When final action is taken, the promulgating agency must file 
any adopted or amended rule with the Office of Administrative 
Hearings. If it differs substantially from the proposed form 
published as part of the public notice, the adopted version will 
again be published in the North Carolina Register. 

A rule, or amended rule, cannot become effective earlier than 
the first day of the second calendar month after the adoption is 
filed. 

Proposed action on rules may be withdrawn by the pro- 
mulgating agency at any time before tlnal action is taken by the 
aeencv. 



TEMPORARY RULES 

Under certain conditions of an emergency nature, some 
agencies may issue temporary rules. A temporary rule becomes 
effective when adopted and remains in effect for the period 
specified in the rule or 120 days, whichever is less. An agency 
adopting a temporary rule must begin normal rule-making 
procedures on the permanent rule at the same time the temporary 
rule is adopted. 



NORTH CAROLINA ADMINISTRATIVE CODE 

The North Carolina Administrative Code (NCAC) is a 
compilation and index of the administrative rules of 25 state 
agencies and 38 occupational licensing boards. The NCAC 
comprises approximately 15,000 letter size, single spaced pages 
of material of which approximately 35% is changed annually. 
Compilation and publication of the NCAC is mandated bv G.S. 
150B-63(b). 

The Code is divided into Titles and Chapters. Each state agency 
is assigned a separate title which is further broken down by 
chapters. Title 21 is designated for occupational licensing boards. 

The NCAC is available in two formats. 

( 1 ) In looseleaf pages at a minimum cost of two dollars and 
50 cents (S2.50) for 10 pages or less, plus fifteen cents 
(SO 15) per each additional page. 

(2) On microfiche. The microfiche edition is revised semi- 
annually (March and October) and can be purchased for 
forty dollars (S40.00) per edition. Due to the volume 
of the Code, the complete copy can only be purchased on 
microfiche. The NCAC on microfiche is updated 
monthly by publication of a "List of Rules Affected'" 
which sets out rules filed the previous month, the action 
taken, and the effective date of the change. This list is 
published in the North Carolina Register. 

Requests for looseleaf pages of rules or the NCAC on 
microfiche should be directed to the Office of Administrative 
Hearings. 



NOTE 

The foregoing is a generalized statement of the procedures to 
be followed. For specific statutory language, it is suggested that 
Articles 2 and 5 of Chapter 150B of the General Statutes by 
examined carefullv. 



CITATION TO THE NORTH CAROLINA REGISTER 

The North Carolina Register is cited by volume, issue, page 
number and date. 1:1 NCR 101-201, April 1. 1986 refers lo 
Volume 1, Issue 1, pages 10! through 201 of the North Carolina 
Register issued on April 1. 1986. 



North Carolina Register. Published monthly by the 
Office of Administrative Hearings, P. O. Drawer 11666, 
Raleigh, .North Carolina 27604. pursuant to Chapter 150B 
of the General Statutes. Subscriptions ninety-tlve dollars 
(S95.00) per year. 

North Carolina .■Administrative Code. Published in 
March and October by the Office of Administrative 
Hearings, P. O. Drawer 11666. Raleigh, Nonh Carolina 
27604, pursuant to Chapter 150B of the General Statutes. 
Subscriptions forty dollars ($40.00) per edition. 



M 



NORTH CAROLINA REGISTER 




Office of Administrative Hearings 
P. 0. Drawer 1 1666 
Raleigh, NC 27604 
(919) 733 - 2678 



ISSUE CONTENTS 



I . PROPOSED RULES 

Department of Commerce 

Milk Commission 74 

Savings and Loan Div. ... 78 

Department of Cultural 
Resources 
Div. of Archives and 
History 78 

Human Resources 
Mental Health, Mental 

Retardation and 

Substance Abuse 80 

Youth Services 85 

Labor 
Boiler and Pressure 
Vessel 86 

Licensing Board 
Medical Examiners .... 92 



Staff: 

Robert A. Melott, 

Director 
Molly Mason, 

Director of Rules Publication 
Genie Rogers, 

Executive Legal Specialist 
Ruby Creech, 

Publications Coordinator 
Mvrtice Becoat, 

Clerk 
Mary Fowler, 

Kordprocessor 
Ernestine Parker, 

Wordprocessor 
Tammy Poole, 

Records Clerk 



Natural Resources & 
Community Development 
Environmental Management 
Soil and Water 

Secretary of State 
Nobary Public 

II. L:ST of RULES AFFECTED 

'.olumo 1 , No . 2 . . . . 
Clay 1, 1986) 



rri. ct:iuLATi\^ index 



88 

90 



91 
94 
96 



NORTH CAROLINA REGISTER 
Publication Deadlines and Schedules 
(April 1986 - March 1987) 



Issue 


Last Day 


Last Day 


Earl icst 


Earliest 


Earliest 


Date 


for 


for 


Date for 


Date for 


Effective 




Filing 


Electronic 


Public 


Adoption 


Date 






Filing 


Hearing 


by Agency 




04/15/85 


03/25/26 


04/01/86 


05/15/85 


06/14/86 


08/01/86 


05/15/86 


04/24/86 


05/01/86 


06/14/86 


07/14/86 


09/01/86 


06/16/36 


05/27/36 


05/03/86 


07/16/36 


08/15/86 


10/01/36 


07/15/86 


06/25/86 


07/02/86 


08/14/85 


09/13/86 


1 1/01/86 


08/15/86 


07/28/86 


03/04/86 


09/14/86 


10/14/86 


12/01/86 


09/15/86 


08/26/86 


09/02/86 


10/15/86 


1 1/14/86 


01/01/87 


10/15/36 


09/25/85 


10/02/36 


1 1/14/86 


12/14/36 


02/01/87 


1 1/14/86 


10/23/85 


10/30/86 


12/14/86 


01/13/87 


03/01/87 


12/15/86 


1 1/25/85 


12/02/85 


01/14/87 


02/13/87 


04/01/37 


01/15/87 


12/29/86 


01/05/37 


02/14/87 


03/16/87 


05/01/87 


02/16/87 


01/26/37 


02/02/87 


03/18/37 


OV 17/37 


05/01/87 


03/16/87 


02/23/37 


03/02/87 


04/15/S7 


05/15/87 


07/01/87 



/> 



PROPOSED RULES 

TITLE ^ - COMMERCE 

MILK COMMISSION 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the North Carolina Milk 
Conmission intends to amend 
regulation entitled ^ NCAC 7 

.0507. Tlie purpose of tlie 
proposed amendments is to make 
permanent the temporary 
amendments to 4 NCAC 7 .0507(a), 
(d) and (i) which establishes a 
new formula for determining the 
Class I price for milk sold by 
North Carolina processors in the 
state and to provide for the 
announcement of a lower price if 
it is determined that out of 
state processors are paying a 
lovjer price for milk v/liich they 
ship into the state. This 
temporary amendment is identical 
to the temporary amendment 
adopted on December 17, 1985. to 
be effective January 3. 1986, 
which was repealed on May 3 in 
order to permit the adoption of 
another temporary amendment in 
order to comply wilh the 
technical changes in the law 
regarding the hearing notice 
period and comment pei-iod. 

The proposed effective date of 
this action is September 1, 
1986. 



Statutory Authority: 
106-266.8(7), (3). 



G.S, 



The public hearing will be 
conducted at 10:00 a.m. on June 
24, 1986, in Room 6168 of tlie 
Dobbs Building, located at 430 
North Salisbury Street in 
Raleigh . 

Comment Procedures: Data, 
opinions and arguments 
concerning these amendments must 
be submitted by July 14, 1986, 
to the North Carolina Milk 
Commission, 430 North Salisbury 
Street, Raleigh, N. C. 27611. 
Attn: Grady Cooper, Jr., 
Executive Secietary. 

CHAPTER 7 - MILK COMMISSION 

SECTION .0500 - MARKETING 
REGULATIONS 

.0507 MINIMUM CLASS PRICES AND 
BUTTERFAT DIFFERENTIALS 
€~ 1 a 5 s i price -frrr Norirh 
r^ctl e s ■ Thrr m-rirhntrm 

pric e ttj btr paid NtrHHt C a ro l i na 
producers and/ or assocuat ions cf 
p r o duce r s foT tittr pro du ct potrird-s 
claa < iif l e d a-s Ci l a ss i rrffcrrt-XTre 



19 6t shall be 
dollars jmti six t y fiv e 
cen t s ( 1 4 . G 5 ) per hundredvieigh t 
■frxr milk c o n t ainin g t hr ee anti 
OT«? hatf p er ce n t (3.5?;) 

bti-tter f a t ■for' trii milk vjhich irs 
pro c e ssed in N o rt h Car o lina artd 
sold or d- isp o s e d o-f -foir 
co n s u mpt i on or trst? its processe d 
f luid milk pr o duc t s -irt North 
(jnT- olina . 

The ab o v e e stablishgd Class i 
pr i ce shall correspond te ttte 
con pty sit J irtd e x L umputed ftrr tire 
mon th trf O cto b er -1-9&5 tirrd shall 
be adjus t ed quarterly -in 

aTjco]. d an ce w-irth the followin g 
preeethrre w i t h ttte firs t 

quar t ei ly aJj'usli i ient b e i irg 

eeirrptitT^ frrr the April 1 9 
cjua7"t er .■ 

-H-+ ft comp o si te i nd e.r shall 

be eoTTtxm-ted for the 

c-om pu t a t ion m o nth by dividing 

the sxtm xri t^Te indexes for ( A > 

t h ro u g h -(-E^ o-f tliis Sec t ion sts 

ceiTTpttted under (a) (2 ) trf thrs 

Raie by fi ve . Ea c h formula 

irtde^ shrnHt be r o und e d to orre 

d ' ^ ' ci m al p la ce and . 05 slial l b« 

rxruffdeii XTp^ ard . The composite 

index -shaii be round e d to two 

de ci m a i pi aces and . 005 shall 

be I ' ound ed u p vra r d . 

fA^ Tire f ormula index of 

pri ces parrd in N or t h Carolina 

fxrr SO'-; dai-ry f ee d, c- omp u t ed 

from ciita trs- p ublish e d in 

''ihr^T Farm Repor t ", 

-Fc dcr - . 1— Strrte Cr o p tmd 

irives-t^-ck R ' jpor t ing Servic e , 

Nor t h 'J -rroiiira Depar t men t of 

Agri ef. J ttrr fc/U . G . Depar t m e n t 

of Agird -tri . t u r e ; 

-(-B^- T-1tc formula ind e . r ox 

pi ices paid for pr o duc t ion 

items-r iir t e r c st , t axes and 

wtrge va bes-r ti-r S-r com pu t ed 

trom iJ-t-a as ptt blish e d in 

•"AgricT-itu-rai Pri ce s" , 



Rep ort in g 
Depar t men t of 



inde.x 



St-atist ixrai 

Service T- }i-r S— 

ftg r i cui t u r e; 

-(-&> Ti-re formula 

cotTStmer p rices, H-r 

comput ci from data 

pttb l is hcd -in "News" , th- 

D c p ar t : i"-rtt of Labor, 

of iTab'tx- Stat ist ics ; 

•f&> ilte formula inde x of 

p r o duc er 

who l e sa le 

tr o m pu terl 

ptrbl ishc-d 



as 
S^ 
Bu re au 



p r i c es 
p r ice ) , y-r 
•froTTT data 

xn fiews , TTT 



as 



De partm ent o-f Lab or,' Bur e au 
of Lab o r St-at is t ics ; 
-(&> The f o rmula inde.x of 

N-r €-r manufac t uring 

from data as 

in tite "N ort h 

Lab o r Marke t 

Employm e n t 




NORTH CAROLINA REGISTER 



74 



( 2 ) T+ro data trst 



«rf Hor t h 




shall ire t+re ind e x rhi-bci frrr 
"tire t j\ ird preceding nrorrtiTT 
=Ht^ thrira ftrr +S^- erf ta) ( 1 ) cf 

-11- , T - . T^ , - 1 ,- ^ ]- , - , 1 1 1- -, J- T - , ^ -.. r^ _ „ , -, ^ 

Trnrs ntt r^ s ii s x ± c^ tttc airt^r ?Tg? 
orf -Hre d -ta #«-r -bht; tJ-rirrd- 
■ f ourth znrd f if i: h pre ce d ing 
vrrcnrth-rT 

+3-> -Tht? bas e p ' ji ' iod -fo-r cv.c h 
ivi ' dex -s hnll hn da i. i iar y — drmi 
+9-74-r Trrc a"<; r& gi:; for -biit? 

base pgr i crd cf a a c l ' . ind ex 
s h a 1 X ccjual i 9 for "trre 

P'-rr p o 5 e trf com p u t in g -tire 
r.o:-rth l y ir.dex foT e a c h -f ac to r . 

b? ro ui ' id e d ta orre d e c ir.al 
i:.! ace arrd . 05 s hall tre ro imd cd 



srd justmcritsT irf 

tlte f iirs-c day 
d"s miai ' v . Ap-r-rl— 

tirtrb '-io if tfc? 

a q -iar trrr f all s 

Hedncs d ay or- 

fhtr p^ri'Tt; 

t+rs M-5Trdr;y iTTre-drirjrttrl-y ptrior 
■to th e fdn.-?j-t drty of tt q uar ter-r 
trn-d df -tiic f ir o t- diry o-f a 
m za rte i - f^aii-s on a F r id ays 
S-Tftn-rdtry-r or Sii n ch ryr- tHrc price 

t';:c firr-s-b' Morninr 'trebtn- -tho 
frrrrrt day of n qriarte v — 
i 5 ) Prdc-s Ttd-X"-!^ tmortt-;; sft^er 

-ts-trirrg -i n to acc cv i iTt a-Jri 

f cTcbo r 5 ■s-'-rrHr ire in tr-iotnrb-s t^f 
not i-c-is fhan f rffcen oorrfs 
i-O- O .15) p e r h un d r c dv. 'u li'l - i t . 
-Kr)- Tire Glra-is-s i pa-icj 

d^irl: ^ L vi 1.; I", d f o^t" ctny qtraT"ttrr 
■^itcrid: ire g r i n o' jiic c-rl on or s-houf 
■the -firrs^b and b e fo re ■Hre firf-rh 
of fire m o n t h p r eced irrrg traoh 
q uar ter' and fire p-rirre sxr 
c .ni '.-ii unc e d shall irs the pric-e 
■rn c-ffcof for trrs q u a r t e r dry 
pcr-roti a-s d e fin e d in ( a ) ( '^ ) of 
■Htxs Rrtie-r t'nT^c^ tirirs 

procedure a bl e nd pr ic e s h. a 1 1 
b^ a nn o unced for fhtr -ta-st 
nonth of a 
fir s t rr.o n t ! "! of 
de p e nding u po!i 
•thc! oi-itro boor 
Strch l-i-enti pr ic e 
oor-p-trtc-d on a w ei g l ' i t ed ts^rs 
accord-ing ■to t+ro n^tmiror of 

■srt t^re r e &p ^i' C t i v o p i ice s irt 
effoo-t ro-i ided -to -Hre notrroctr 
•■-■■lio l e oonf and fV>-r€"9-54 shrali 
be ro und e d to t-^re ne-^rt h-irghccf 

Th e -i ndi -cafeid p r ic e 
rn-t -s l ' iall bo crrrrrat-od by 
•bh-e foiloTrrng p i o c e d vrro-r 




(A) Tw o valua*. of th e 

composif^* index are required 
•to compute the indica t ed 
pri c e movem e n t ; fire m os t 
r ec e n t mon t lily valu e of t+re 
cimposite ind e x and t he value 
of t he ii ' id'- ' A t hr oe m o ntl rs 
prior ■to tdre m^o-sf r eccii t 
rr on t iil y valu e . Thro e arlier 

vaitre of -Hre com p osi t e in d ex 
i-1 :iii. 1 bo d ;' d u c t e d from fiTO 
motrt rcce ii tdry (- u'li ipu t cd value 
of t+ro c om po s i te ind e x ■ and 
t li e d- if f e ranc e b et v; ce n t hese 
t w o val - ues sl - iall bo exp r esi,e d 
trs a pe r c or. t ag e of ■tho 
earlier irndtrx valu e . Tl ' ii s 

p ercen t age of c lian g a siiall bo 
oo r . i p ut u d -to ■trro decimal 
places ■ antl . Q05\ shall bo 
r ounded trp-rr ard . 
-*-£-> T+ro re sul t in g p e rc en t ag e 
sh all bo riul t ipli e d fay . GO -to 
ar r iv e at- ■tfre per c en t age of 
ciiango -to bo appl ied fo ■tho 
i..di c at e d 6 1 ass i p r ic e for 

( C ) Th 1 s c o m p u T e d percentage 
shal 1 bo appl ied *to tlie 
imti ica t e d CI ' jss T pi ice for 
fho p r e viou s q riar t e r and "tho 
•g-TT ioun t so dcf ernined added "to 

to tkrtormino tli e indica t ed 
pi ic e for -Hto nex t quarter ■ 
T'.TO indicated pr ic e sltcill bo 
orrprc-st:— d fo tlte I ' leares t 
vr5toirc ■-■ -nf ami COO .00! : ) sh al l 
bo TT rndotd to "trre n e x t 
h d.ghe~ '" 

j-oirrg pr o c e du re 
by t lie f o ll o v. - in g 




K - K 



■t-3 



f 
HHERE-r 
i-Pi-} 

■t ■= 



X -rB^ X fP 



Tho 
qttnriror-r 



i mdica t e J pr ic e 
for tl'.e next 



mos t 1 ec en t month . 



± — 3 = Tho valu o of t h e 
compo— ifo -rndox t lir ee 

m ontl rs prior ■to "tho mos t 
rooeirt monfh value ■ 



iP 



■fc — 3 =» Thtr Indie a b e d pr i ce 
co m puted t i i r e e munblis 

oarirLoT vfith I 'c sp e c t "bo 
■tho c ur re n t price i. e .. 
■bho pr ic e a-t -tho t-iwe of 
c sl c ula t : 



75 



NORTH CAROLINA REGISTER 



(0 ) The indica -be d p ri ce 

incivem e n t s hall be adjus ted -in 

acc o rdance with the pim^ e du f cs 

outlin e d -in thirs S ubj e cti o n 

arrd in the or d ei; sp ec ified . 

-(-A-)- Garvy o v ers . Thn 

iiidica te d pirice m o ve mcrtt -fcrr 

the next cjtraTrtcT:' sliall be 

?rd-j usted by addin g ot 

^trijt r Qct mg the carryover 

■ar^onnt wiTrch r esults frtm the 

follow ing" coinpnt^t ions xn the 

p i ' eviouj q uar t o r err q uart c i.s — 

■{-iri- any amoun t ef tmy 

iiT di c a t e d pr ic e ehan r /c wh-rcit 

v?^5 l o i.s than tirftecn cer . t s 

-(-$^}^-1-5^ pe-r htinthret-iweit;irt-r 

-(ririr)- Any sirrotnrt o-f any 

in idlcat ed pr ic e eiiantje w hic h 

uffs not tTiTptement-ed trs a 

retmit o-f the -s- u pp P r m o v er s 

xrr pri ce aixgnmeirt sntt bb e rs . 

■fB^- S- is; ; ply Ho v er s 

-en- tf the ein^s tf 

tttTrlizjrtion xcrr t!re month of 

September -rs t^^eiire pereent 

er nor e 7 trren^y ce n t s 

-fvG-rSu-^ per hontlredwe-ight 

rrl-rri-i be dcthreted fr-xxm ~ny 

imthtcatcd trjj^rmrd pr-ice 

rirrverrten t-r -titctird-ing Tsny 

crtrryovcr-s-r co-rrpn-ted for the 

d-:mntrry qtrctrttrr- r If the 

re-strirtin-g upward move irravt 

n'flrer the tt-;en-ty eents 

■f^G-rS-fH- per hmtttredweiglrt 

an jtr.';fc-rre]it -is ies-s then tr.e 

firftrecn centrs -ir^O^VErf p-cr 

hnnrfredi-ie-r^ht- perm i tted 

nnthrf -HD> o^ tlirbs 

Stib-reet ion> thrs amoant 

sJialri be car r ied tri?er and 

used in the cep-ptrt a t i o n j tor 

t^ie next qnrrrtet"-r it Z;n 

imd-jented ttpi^ani pr-i-ce 

KO-TeTv.ent is ie-s^ tiran trrenty 

ee:Tts -K 9-r2-e^- per 

hundr e dw e i ght-r the dedttet-ton 

frorr the tn dica ce d pr ic e-r 

•ineitrcK.iTg' cariy evers . -shaii 

Ire tire settrai antertrrt 

■d -. j T li c a ted-r 

if tiro e-iasrs a 

tio-.t ter the rronth o-f 
SepteTTiber -irs ftrtrr percent ox" 
l e s s . tv; e n ty cen t s -f ^? .20) 
per hundre'ihrexv'rl'tt ^] 1 a 1 1 be 
ad ded ■to the -ind ica ted pi' i ce 
movement > mc'tud incj airy 

car r yovers .- eonrp u t cd ter the 
da nuar y qu a rtcr-r it the 

1' e suit ing" movement is 1 ci i> 
than the -f-irfteen ce n t s 
i-^ Q .15) per hundr e d weight 
permi t t ed uiid er tbis 

Srtfase c ti on , tJris amoun t 

■shaii be canriexl trve-r and 
u s ed in t h e c o mputa t ions fxyv 
the nerct quai b e r . i-f no 

p r ic e mov e m ent is ind- ica te d , 
trrcnty c e nts (00.20) per 
hund re d vj eight sliall be add e d 



to the price in e ffect -frrr 
the previous qua r te i ' r 
■fS-)- Pric e Alignment Gnubb e rs 
^rir^ The su r roundin g s t ate 
av er ag e te be us ed in the 
deter mina t i o n s- outlined in 
- ( ii) and ( iii) of this 
Subs e ction shall be the 
sim p le av er agj ef the la t es t 
pr icei announced by the 
cxym m issi o n te be paid 
p r oducei s -fer Class i 
p a c ka rped sales in t h e s t ate s 
ef Se utl i Carolina . Vi rg ini a 
and t-iTe T e ni ' i e sse e Valle y 
fler^cet Ar e a -r -TlTe p ri ce fer 
Virginia s l ' iall be tire simpl e 
av e r ag e ef the maricet area 

( ii J W h e n the 
for a quarte r 
trpward p r i c e m o v e m e n t , s u c h 
mo-vewent si iall be susp e nded 
when the sur r o uirding s t a te 
aver ag e plus th-ree p er c e n t 
-ts fa el ov ? the ff o r t h Car o lina 
price co mpu te d -for the next 
q uar te r . When this & ia s s i 
p r i c e -is below the 

strrr o u n d i -n^ state average 
p-lrtrs three pe rcent . tl - icn rxn 
Tipward pxice nr ovemen t shall 
be permi-tted -t-o-r btrt not to 
exc e e d , the 1 imi t ef the 
su rround ing state av er a ge 
p lus three perce n t ■ pro vided 
streJt a m ove m e n t is f ifte e n 
een-tr: -e»& . -1 5 ) per 

htmdr ~dy7e I g h t- ot mor e . Tlie 
amoTii !: ef any pr ice incr e ase 
■snnb;-~d by tiris p r o vision 
■sh-crii be c ar r ie d ever zard 
■irteit:;";;rd in the ee-mpr u t at ions 
■fer the -foi-ieTTing q^ . i ar t er ■ 
-H.ii+ When the c o mp u tations 
for" a qtrar-t-er in dicate a 
dewnwrrrd pr i ce m o v e men t , 
"Stieh T.ovcmeiit shall be 
■snt:p-endcd wlien the 

sirrrei.;ndin-rg s t a t e ave r a ge 
rrinas three pereent -is ab o v e 
tiie 'lor-th 6srel i n a pric e 
cemput':^ fer the next 

quart'- r-r When thirs G lass -f 
priee -jrs ab o ve the 

smrrertrtding st a te a v erage 
minu s -b hree p ercent , tlren a 
dewntrard p r ic e movemen t 

shaii be p ei init te d te-r but 
not- te e xc cedr the limi t ef 
tl-re s urrounding s t a te 

average minu s t hr 'ce pereenti- 
prov i -ded -sneh a ii i u v e in e n t is 
fifteen c e nt s (00. 15) per 
l iundr e dw e iglit er more . The 
amennt ef a-ny pric e decrease 
s nubb e d by this pr o visio n 
shaii be ca rr i e d o ver and 
i i- iclud -ed -in the c o mpu t a t i o ns 
for the fo ll o wing quai ler . 
-(-6-> Pric e eirange^ r u s>ul t ing 
frem iJie appl ica t i o n ef the 
provis ions ef (A) . -H3^- and 
-ee^ ef this Su bs e ction shall 



NORTH CAROLINA REGISTER 



76 



trtr impl e men t ed 

ci'i^ny e 'ts srt 

i c- as t fif te en 

pel' 

a m o unts trf i 

c e n t s 

h- 

rex- -to t+rc next 



p ro vided such 
n i nounl trf at- 

CCTTts (00. 15 > 

rrfc w it li any 

t+ran fif te en 

4^ 0. 15) pt:r 

b c in c; ca r ried 

qti o-rtmrl-jr 



conpii t a t ion . 
( 9 ) Tire ^K:ik C o mmission 

i-estrrvc-s +ire r igh t ±xj sui^p^:.-nd 
cHTy price move iiient ind icateid 
by t+rc f o r m trjra wirerre-rcx the 
c-c-TTtrn- i ssio n dcrc-nrs -it- a d v isabl e . 

(_ a ) C 1 n_s s_ I price fpr_North 



Carolina 


Sales. 


Ef fee t ivo 


■■lav 


3 , 


19S6, 


tlie 


minimum 


price 


to 


b? 


Dai 


d 


No 


rth 


Carol 


ina 



Produc ors anrl/or aar.0ci.3t io ns 
o f nro du cors for all mi l k 
v.'hi ch is p rocop s od i n Nortli 
C -xr olina an d sol d or d i s d o s e d 
of_ 
pro<: 

io_ 

classified as C lass 



for consumption or use 

) ccss od flu i d milk produ 

? ' o r t a C arol ina 



as 

cts 
illld 
?11 



\verac;e 



pr ic : 




pr? 

dpj 
hull 
cjo.ne 
si-.al 



■^Gv,'ei T ht ■ 

a! od under this 



The 



price 



th_e 
Sub 
(a) 



be a dj usted accordin g 
p_rocec'ur_e.s____ outlined 



I' re 
to 



m 



ranr aphs 

) of thi5 



ta) ( 1 ) 



Rule and 



r e *^> 
run 
the 



a^ 
2 

vilti n q price s ha ll 

ounced in accordance \ 



and 




proc edure o utlined 
ranraph (a)(3) 



of 



the 
_he 
J-th 

in 

his 



dow 
pr i 

or 



price co mputed i n ( a ) 

lis Rule s lia ll be adju si 



n'.jar d 

ce ioi' rav; milk 



te d 
h en t' l e prevai l ing 



oftsrcd for 



o r g u o ted to processor: 



distributors 



loca t c d 



o 1 1 1 sid e 



'^'orth Carol ina 



sajes to be made into 



for 
)rth 



Carolina, as defined in t his 

Subparagraph, is below the 

p rice computed in (a) of this 
Rule . 



The prevailing price shall be 
de^f j; n ed as the most frequently 

utili zed. mos t commo n. or 

preH o mj nan t price offered or 

quoted bv producers or 

a ssociations of prod uce rs to 



p roce s sors 
lo cat ed 

is 



Class 



out side 

I 



distribute 
Nortli Carol: 



fluid mill 



wh: 



ic h 

to be sold or disposed of 



tor 
pro 
in_ 
I he 



consum ption or use 



cessed fluid milk products 



■o rth Caro l ina . 
(jlass I flui d milk price 



offered or quoted hv any 



CO 
CO 

of 
mi 
Ca 
dj. 

No 

CO 

EX. 
il 
de 

lo. 
v.'i 
P.r 
No 
pr 
in 

hs. 
ma 
un 
th 
!__ 
fa 
va 
BT 
P.r 
di 
N.O 
s^a 
Ca 
13 
de 
be 
fj_ 

til 
an 
sh 
to 
14 
re 



operative or federation of 

operatives for at least 51 '< 

t he volume of Class I fluid 

Ik sales shipped into North 



rglina 



bv 



pro c e s s o r s 



str ibutor s located outside 
rth Carolina 



liall 



be 



nsidered 



to 



be 



the 



ovailing price. 



Should 



;he 



c ommission 



t e r min e 



that 



proce s sors 



cated ou t side North Carolin a 
11 be paving various Class I 
ic es for mi l k for sale into 
rth Carolina and that a 



as defined 



eva ili ng pri ce. 
( a)(1) of this Rule cannot 
dete rmin ed, the co.mmission 
V adjust the price computed 
de r the provisions of (a) of 
is Rule < iovi nwar d to a Class 



pr ice v.'hich it considers 
irly representative of the 
rious prices to be paid to 
oducers or associations of 



oducers 


by 




processors 




or 


stri 


but 


ors 


1 


ocated 


out 


si 


de 


rth 


Carol ina 


for 


Clas 


s 


I 



les 



into 



North 



rol ina . 
) The 



Class 



price 



termined for any month shall 
announced on or about the 



f t h a nd before the tenth of 

a month preceding such mont h 



d th-- 



price so announced 



all 



) 



tl\e price in effect 



m.cn th ■ 
.0 Milk 



Commission 



serr 



the right to suspend 



m 

lit 
ti 

PX 
Fr 
nr 

ill 

th 
de 
( 
mi 
pr 
po 
in 
ar 

II 
an 
go 
yr 

£'t 
th 

CO 

pe 
( 

So 
Ar 
lo 
ar 
di 
es 
No 
pr 
mi 



- -ordance 



with 



The 



OS 



oce d 

lin g temporary 

ovidor! 



pp l icable for 



rules 

i n the Administrative 



occdures Act and rule; 

ice r.ovoment indicated by 



any 



p r ocodure' 



otitlined in 



IS 



Ru Iji v; hen the commission 

^ms ±t a dvisable . 

d) Class IB Price. The 
nim.um price to be paid 
oducers for the product 
unds classified as Class IB 
the designated marketing 
eas shall be as follovjs: 
Milk .Marketing Areas I. II, 
I, IV. V. VI, VII, VIII, IX, 
d X - the Class I price 
neratod by the f oimula 
occduvo a s outlined in (a) 

this Rule and announced by 
e Commission for milk 
ntaining three and one-half 
rccnt butterf at . 
i) Minimum Price for Milk 
Id in Established Marketing 
eas. Each distributor 
catod in an uncontrolled 

a i n N'orth Carolina, who 
stributes milk in other 
tablishcd marketing areas in 
rth Carolina. shall pay 
oducers not less than the 
n imum 



producer 



price 



77 



NORTH CAROLINA REGISTER 



established for that part of 
his total sales that are sold 
in other established marketing 
areas in North Carolina. 

SAVINGS AND LOAN DIVISION 

Notice is hereby given in 
accordance with G.S. 150B-12 
that the Savings and Loan 
Division intends to adopt and 
amend regulations cited as 4 
NCAC ISA. 0004, 16C.0501 
.0503. The purpose of the 
proposed regulations is to 
provide procedure for payment 
of supervisory fees. Provides 
procedure and fees for 
interstate reciprocal 

acquisition of savings and 
loan associations. 

The proposed effective date of 
this action is September 1, 
1986. 



Statutory 
543-48.6 - 



Authority : 
55, - 57. 



G.S. 



The public Iiearing will be 
conducted at 10:00 a.m. on 
June 16. 1986 in Room 2063 - 
Dobbs Building. 



Procedures : 
may be 



Comment 

comments 

Savings and Loan 

P.O. Box M-27945, 



Written 

sent to 

Division , 

Raleigh , 



N.C. 27G11. Requests for 
opportunity to present oral 
testir.ony and summary of 
testino;Ty must be received at 
this address by July 10, 1986. 



SUBCHAPTER 1 6A 



- GENEPJVL 
PROVISIONS 



.0004 SUPERVISORY FEE 
Tiie annual supervisory fee 
paid by nn for associations^ 
a nd h ol ding companies pursurmt 
iro (frSrr 5-AQ-5^ shall be 
collected -ftrr a semi annual 
p er i o d in the month s of July, 
and Ja nunr y-r This fee shall 
be non-refundable unless an 
application to convert to a 
federal charter or an 
application to merge lias been 
filed with the Savings and 
Loan Division prior to the 
beginning of the trcirri — anmitrl: 
p- er iod . July . A refund of 
the fee shall be made on a 
pro-rata basis for the period 
remaining in the year 
s ' jmi — annua l- pe riod after the 
effective date of the 
conversion to federal charter 
or the effective date of the 
merger under state law. 

SUBCHAPTER 16C - APPLICATIONS 



SECTION .0500 - INTERSTATE 
RECIPROCAL ACQUISTIONS 

.0501 FORM 

Application for approval to 
acquire North Carolina 
association is accomplished 
through tlie execution of Form 
AQ . The form can be obtained 
from and must be filed with 
the Savings and Loan Division, 
P.O. Bo.x M-27945, Raleigh, 
North Carolina 27611. 

.0502 ACQUISITION 
RESTRICTIONS 

(a) A southern region 
savings and loan association 
or holding company which has a 
pending acquisition 
application may not file an 
additional acquisition 
application until the pending 
application has been approved 
by the administrator. 

(b) An acquisition 
application which has been 
denied by the administrator 
shall not be processed upon 
refiling unless a period of 
si.x months has elapsed since 
the denial . 

.0503 FEES 

(a) The acquisition 
application fee is the same as 
for a savings and loan holding 
company application. 

(b) The administration fee 
for an c. ■:;sociat ion acquired by 
a southern region savings and 
loan asijociation or holding 
company shall be the same as 
the supervisory fee for a 
North Carolina association of 
similar ar;set size. 

(c) Ihe southern region 
savings and loan association 
or holding company that has 
acquired an association shall 
pay the same supervisory fee 
as a North Carolina holding 
company . 

TITLE 7 - CULTURAL RESOURCES 

DIV. OF ARCHIVES AND HISTORY 



Noti 

acco 

that 

Cult 

of 

inte 

cite 

.010 

.010 

purp 

regu 

oper 

Divi 

Hist 



ce is hereby given in 
rdanco with G.S. 150B-12 
the Department of 
ural Resources, Division 
Archives and History 
nds to amend regulations 
d as 7 NCAC 40 .0101, 
4, .0304, .0305, .0306; 4Q 
5; 4R .1102, .1301. The 
ose of the proposed 
lations is to amend 
ating procedures of 
sion of Archives and 
ory . 



NORTH CAROLINA REGISTER 



78 



79 



The proposed effective date of 
this action is January 1, 
1937. 



Statutory Authority: 
121, 143B-62. 



G.S. 



The public hearing will be 
conducted at 10:00 a.m. on 
June 15l:h at Room 305 of the 
Archi^'es and History-State 
Library Building located on 
109 East Jones Street, 
Raleigh . 

Comment Procedures: \7ritten 
conr.ents mus^ be submitted by 
June 13. 1985 to Division of 
Archives and History, Room 
305. 109 E. Jones Street, 
Raleigh. attn : William S. 
Price, Jr. 



SUBCHAPTER 40 



SECTION .0100 



MUSEUM OF 
HISTORY 

ADMINISTRATION 



.0101 STATENE.^JT OF PURPOSE 
The purpose of the Museum of 
History Section is to c o llec t , 
pvcs'jrvarr trrrd iit-rirhr; 

- -nrrd +-o 



rerpr-cc -Tti n- usc trrr 
£o-r ■Hrc pr-ojnox-ixriT aird 
xrf iitrr-irh Gai-ol i na 
interpret the c u 1 1 ii r e 
see ial . 



economic. 



op 

p io g u iT.s 
teaclr rrrg 
hist o ry 
and th e 
and 



p olilri c nl histori' of North 
C arolina fron ' j^'chis tory to 
the present . a nd to collect _,_ 



nnd 



p r e s e r \'^ e 
o rt n fact 
s_i qni fica nt to the history 



and o^l1er 



u t il ize 

n a_terj. a Is 
of 



the state. 

.0104 USE OF THE ARCHIVES 
A:;D HISTORY/STATE 
LIBR/.RY AUDITORIUM 
(a) Auditorium. 

(6) Agencies plannin g ±~o 
trs^ -tire a u d iiro r ium' s 
a udi o — ^^isu - 1 CTTtriprrrerrt- mtrst- 
c-crb j c t 'tha c-ffixrs t:rf ±ivc 
C-i iicf , Mtrstrcrm trf His t or y 
S e c t ion ■ rnrt I c- ^s thtm 5 d-sy^ 
■dm ax hr ancc erf -tJre r;'~ st ing t-o 
rraire ne c essary ar r ang e ; . lun t s . 
vjishing to use the 



auditorium ' 


s 




audiovisual 


eauinrr.ont 


must 


obt 


ain prior 


auproval 




from 


the 


adninistrnt 


or 


of 


the 


Museum of 


History an 


d 


I- us 


t 


meet with 


mupeum '^taff 


tv.'O 


weeks in 


advance 




to 




confirm 



arrannemen t s . 



SECTION .0300 



COLLECTIONS 



.0304 LOANS 
(1) The transportation and 
utilization of borrovjed 



artifacts must comply with 
guidelines e s t ablislicd by -Hre 
Gurator irf Collec t iuiii, -ftrr the 
rl us c um trf i list c r y outlined in 
tlie Museum Collections Branch 



Pol ic ies 



and 



Procedures 



Manual . 

.0305 DEACCESSIONS 

The deaccession of artifacts 
must be approved by the 
deaccession committee of the 
Division of Archives and 
History and by the North 
Carolina Historical 

Commission. The deaccession 
committee shall consist of: 

CI) Director, Division of 
Archives and History, 
Chairman ; 

(2) Chief, Museum of 
History Section; 

(3J Chief, Historic Sites 
Section. — arrd 

■(-4^ Cura t o r o-£ Coll e c t i o n s 
Drai ' i c h , Mus e um xrf llis t oi ' y 
Sec t i o n . 

.0306 RESEARCH AND 

STORAGE AREAS 
The research area is open to 
the public for artifact 
research, identification, and 
study, Tuesday through 
Sat u r da y Friday from 2:00 p.m. 
to 5:00 p.m. Storage 
facilities, preservation 
laborato L ies , and artifact 
work ;i- 3as are closed to 
anyone iiher than members of 
the Collections Branch unless 
prior rrangement has been 
made with the Curator of 
Collections or the Chief, 
Museum of History Section. 

SUBCHAPTER 4Q - STATE CAPITOL/ 
VISITOR SERVICES SECTION 



SECTION .0100 



GENERAL 



USE 



.0105 

eu'jcat io i i jl 
even t s 



«rr 




OF FACILITIES 

C e remonial 

or 
r^ ac t ivi t ies mtry ire 
i OTt trre sec o nd rrr 



r l oor s 



irtsi 



OT" t+re firs t 
p-. ! :) l ic areas <rf tire 
G*p it ol and "in t^rc 
Ar e a Visi tor Cen t e r , 
irf t'lTcy are irclated "txy the 
his bo i ' y o-f thrc capi to l err t-o 
■the I ' lis t or y an d :f unc t ions o^f 
s t a te g uvernm e n t arrd provid e d 
tdra-t -Hre act ivit ies v. ' ill rro+ 
e iidanger -the fa xiildings o-r 
t lieir f urnisl ' iings . 

(b) Official s t a t e 



government 




ac 


tivities and 


ceremonial 




or 




educational 


act 


ivit ies 


d 


irectly 


related to 


the 


history 


of 


the 


Capitol or 


to 


the hist 


ory 


an 


d functions 


of 


state 


fl 


ovornme 


nt may be 



NORTH CAROLINA REGISTER 






conducted on the second or 
third floors or in the first 
floor corridors and rotunda of 
the State Capitol and in t he 
Capital Area Visitor Center, 
provided that these activities 
V7ill not endanger the 



buil dings 



their 



All 



other 



fur nishi n gs . 
a ctivities a r e proliibited in 
tli o af or e iTiont ioncd a reas of 
t he Sta t e Capitol i n order 
t h at jt an d 



it; 



fur nishing: 



pre s erved 



may 



be 



historic 
better 



for 



posterity . 



Sp ecifically prohibited, fo r 
the purpose of preserving the 
a f oremont ioned areas in th e 
State Capitol, a r e activi ties 
not having official __s_t g t e 
government sponsorship w hich 
are conducted by a social, 
service . 



fraternal . lousiness. 



conr nercia l , 



pol it ical , 



T'el igiour; , 



industrial , 



related organizat ion--or by 
individuals . 

SUBCHAPTER 4R - ARCHAEOLOGY AND 
HISTORIC PRESERVATION SECTION 

SECTION . 1 100 - HIGHWAY 
HISTORICAL MARKER PROGRAM 

. 1 102 ERECTION OF 

HIGHWAY MARKERS 
(b) All proposals for new 
narlcers shall be submitted in 
writing to: 
Research Supervisor 
Arthactrxxrgy a?"i H is t oric 
IVcsrrrvat i on S-ctrtitm 
Division of Archives and 
History 

109 East Jones Street 
Raleigh. North Carolina 27511 
Proposals shall include 
supportive documentary evidence 
and a suggested site or 
location. The suggested site is 
not binding on the committee. 

SECTION .1300 - STAGVILLE 
PRESERVATION CENTER 

.1301 PURPOSE 

Stagville Preservation Center, 
located seven miles north of 
Durham on the Old Oxford 
Highway, is operated by the 
A rc l r ae o l o gy ami H is to r ic 
Pra s e rva t ioTt S ec ti o n Division of 
Archives and History, as a 
center for educational programs. 
Educational programs, 

preservation related classes and 
guided tours are offered to the 
public. The site is open to the 
public Monday through Friday, 
9:00 a.m. to 4:00 p.m.; 
admission is free. 



TITLE 10 



HUMAN RESOURCES 



Mental Health, Mental 

Retardation and Substance 

Abuse Services 

Notice is Iiereby given in 
accordance with G.S. 150B-12 
that the Director of the 
Division of Mental Health, 
Mental Retardation and Substance 
Abuse Services intends to adopt 
regulations cited as 10 NCAC 1 8A 
.0123 through .0136. The 
purpose of tlie proposed rules is 
to establish a review process to 
monitor area facilities for 
compliance witli required quality 
assurance activities as well as 
other rules of tlie Commission 
for Mental Health, Mental 
Retardation and Substance Abuse 
Services and the Secretary of 
the Department of Human 
Resources as required by G.S. 
122C-191(d) . 

The proposed effective date of 
this action is September 1, 

1986. 

Statutory Authority: G.S. 
122C-191(d); 122C-192. 

The public hearing will be 
conducted at 1:30 p.m. on June 

16, 1986, Room 301, 
Administration Building, 116 
West Jonos Street, Raleigh, N. 
C. 

Comment Procedures : Any 
interested person may present 
his/her views and comments by 
oral presLutation at the hearing 
or by submitting a written 
statement . Persons wishing to 
make oral presentations should 
contact: Jackie Stalnaker, APA 
Coordinator, Division of Mental 
Health, Mental Retardation and 
Substance Abuse Services, 325 
North Salisbury Street, Raleigh, 
North Carolina 27611, (919) 
733-7971 by June 16, 1986. The 
hearing record will remain open 
for written comments for 30 days 
from May 19, 1986 through June 

17, 1986. Written comments must 
be sent to the APA Coordinator 
at the address specified above 
by June 17, 1986 and must state 
the proposed rule or rules to 
which tlie comments are 
addressed . 



SUBCHAPTER ISA 
PROCEDURES 



MONITORING 



SECTION .0100 - REVIEW PROCESS 
FOR PRGGR.AMS AND THEIR 
CONTRACT AGENCIES 

.0123 PURPOSE 

The purpose of Rules .0123 
through .0136 in this Section is 



NORTH CAROLINA REGISTER 



80 



to set forth division procedures 
for monitoring area programs and 
their contract agencies for 
compliance with rules of the 
commission and the secretary; to 
set forth criteria for 
determining compliance v/ith the 
rules; to assign tasks in the 
review process; and to establish 
procedures for handling 
non-compliance findings. 

.0 1?yi SCOPE 

Rules .0 123 through .0136 in 
this Section apply to all area 
programs and their contract 
agsncies . 

.0125 DEFINITIONS 

As used in this Section, the 
follov;ing terms have the 
meanings snecified: 

(1) "AFSN 40-1" means the 
division publication entitled 
"Review Process for Area 
Programs and Their Contract 
Agericies" as effective August 
1, 1936. The manual may be 
reviewed at area program 
offices. regional offices, or 
the Publications Office of the 
di\'ision. Copies may be 
obt-^ined from tlie Publications 
Office of tlie division at a 
charge v.'Iiich covers printing 
and postage . 

(2) "Biennial Review" means a 
self-survey by an area program 
and all of its area-operated 
and contract components which 
occurs at least every tv;o 
years in accordance with the 
rules in this Section and 
instructions outlined in AFSM 
40-1 to determine continued 
conipliance i;lth applicable 
rules of the commission and 
the secretary. 

(3) "Certrification" means the 
designation given a conponcnt 
by the division to indicate 
the status of compliance with 
rules of the commission and 
t}ie secretarv. Certification 



shall include 
following : 

(a) 

Certif icat ion" 



ot 



the 



"Temporary 
means the 



status given 'when a component 

is temporarily authorized to 

receive state and federal 

funds until an on-site 

certification revievj of new 

or c'ar"ently uncertified 

components can 

to determine 

status . 

(b) 

Cert if icat ion" 

status given when a component 

is unable to comply witli one 

or more applicable rules and 

the non-compliance does not 

present an immediate tlireat 



be conducted 
compl iance 

"Provisional 
moans the 



to health, welfare or safety 
of the individuals served, 
(c) "Full Certification" 
means the status given when a 
component fully complies with 
all applicable rules. 

(4) "Component" means a 
service developed to meet a 
particular need which is 
provided either through 
operation by the area program 
or through its contract with a 
public or private agency. For 
the purpose of certification 
and decertification, area 
program management services 
are considered to be a 
component, and each component 
stands as a separate entity. 

(5) "Decertification" means 
the loss of certification 
status following a review 
process in which it is 
determined that the component 
is not licensed in accordance 
v/ith Nortl\ Carolina statutes 
or certified in accordance 
with the rules in this Section 
and APSM 40-1. 
Decertification may result in 
the delay, reduction or denial 
of state and federal funds, 
revocation of license, or loss 
of Medicaid provider status. 

(6) "Inventory of Services" 
means a composite list of 
services provided by an area 
program, of area-operated and 
contract components as 
tnainta ir.cd by the Client 
Inform;; r ioii Systems Branch of 
the division. The inventory 
includes, but is not limited 
to, na:no . address, type of 
service. disability and age 
group served, and contract or 
area-operated status. 

(7) "On-site Certification 
Review" noans a review process 
through which compliance with 
applicable rules in an 
area-opc:;ated component is 
evaluated at the specific site 
by the regional office staff; 
in a contract component, by 
the are."! program staff. 

(3) "i'rogram Review Branch" 
means tlie branch of the 
Quality Assurance Section of 
the division whicli is 
responsible for developing the 
process and coordinating the 
review of mental health, 
mental retardation and 
substance abuse services 
provided by area programs and 
their contract agencies. 
(9) "Review Process" means a 
nrocess to monitor components 
for compliance with tlie 
required quality assurance 
activities as v;ell as other 
applicable rules of the 
commission and the secretary 



81 



NORTH CAROLINA REGISTER 



I 



in accordance with G.S. 
122C-191(cl) and the rules of 
this Section. 

.0126 GENERAL PROVISIONS 
Ca) All area-operated and 
contract components, inlcuding 
all physical locations, of an 
aroa program shall be reviewed 
for compliance with the 
applicable rules of the 
coiTinisr.ion and the secretary. 
The review shall be co!iducted 
in accordance vjith th.e rules 
in this Section. Following 
full certification, each 
component shall continue to be 
reviev'jed, at a minimum, once 
during every biennial review 
cycle . 

Cb) Each componenb shall 
have cither temporary, 
provisional, or full 
certification in order to 
receive state and federal 
funds . 

(c) A facility subject to 
licensure shall not serve 
clients until properly 
licensed in accordance v;ith 
applicable statutes and rules. 

(d) The rules used in any 
review for certification shall 
be tlie aijplicable rules as 
codified 'in 10 NCAC 181 
througli 13Q and other 
applicable rules of the 
co;nmissioa and the secretary. 
(1) A rule shall be judged as 
"net" when: 

(A) the rule was clearly 
me t ; or 

(B) the rule was not 
conpletely met, but the 
correction of the 
out-of -conpliance issue can 
be easily and quickly 
accomplished and there is 
evidence of efforts to do so. 

Otherwise, a rule sliall be 
judged "not net." 
(21 A rule may he judged "not 
applicable" only wlien it 
allows options of 
non-applicability or a waiver 
has been requested or granted. 

(e) On-site review and the 
written certification report 
for an area-operated component 
are the responsiljility of the 
regional director with 
participation by the Raleigli 
office as needed. On-site 
review and the vjritten 
certification report for a 
contract component are the 
responsibility of the area 
director with participation by 
the regional office as needed. 
Written certification reports 
shall be in the format 
specified in APSM 40-1 . 

(f) Reviev/s conducted for 
the purpose of continuing 



certification shall be 
accomplished through a 
biennial self-survey as 
described in Rule .0130 of 
this Section. 

(g) The regional director 
and division director shall be 
responsible for approval and 
issuance of certification for 
area-operated components. 

(h) The area director and 
regional director shall be 
responsible for approval and 
issuance of certification for 
contract components. 

(i) The regional director 
shall notify the area director 
in writing when an 
area-operated component's 
certification is denied or 
changed or when the component 
is decertified. The written 
notification shall give the 
reasons for such action(s) and 
the right to appeal the 
decision according to Rule 
.0135 of tills Section. Tlie 
area director shall provide 
the same notification to the 
contract provider or agency 
director when such action(s) 
involves a contract component . 

Cj) In addition to the 
review procedures prescribed 
in this Section, the division 
director may. at any time, 
authori.-:c> an on-site review of 
any comf, onent . 

.0127 T^..MPORARY CERTIFICATION 

(a) The area program shall 
submit an application for 
temporary certification for 
each new or uncertified 
component or in situations 
requiring an on-site review as 
specified in Rule .0134 of 
this Section on the division's 
"Ajipl icat ion for Temporary 
Certification" form which may 
be obtained from the regional 
office . 

(b) The area program shall 
submit tlie application to the 
regional office for all new 
componer.ls at least 30 days 
prior to the receipt of any 
divisional funds, including 
start-up funds. 

(c) An approved "Application 
for Temporary Certification" 
serves as the notice of 
temporary certification. 
Temporary Certification shall 
be granted upon a 
determination by the division 
tliat sufficient data has been 
provided by the applicant and 
there is reasonable assumption 
that the applicant will be 
able to fully perform all 
obligations pursuant to the 
temporary certification. 



NORTH CAROLINA REGISTER 



82 



(d) A temporary 

certification shall not exceed 
six months . 

(c) If the <_oniponent appeals 
the denial of temporary 
certification, fimds sliall not 
be available to the component 
unless it agrees to meet the 
division requirements ponding 
the outcome of the appeal . 

(f) Prior to expiration of 
temporary certification, an 
on-site certification reviev; 
shall be conducted, following 
v^hicli provisional 
certification in accordance 
with Rule .0128 of this 
Section or full certification 
in accordance with Rule .0 129 
of this Section may be granted 
or the co.Tiponent may be 
decertified in accordance with 
Rule .0132 of tliis Section. 

(g) A component sl\all not 
receive t'.'o consecutive 
te:nporary certifications. 

.0120 PROVISIONAL 

CERTIFICATION 

(a) Provisional 
certification Ehall be granted 
at any tine when: 

( 1 ) a component is found to 
be out-of -cor^pl iance witli one 
or more applicable rules which 
do not present an immediate 
threat to tJie health, welfare 
or safety of the individuals 
served; or 

(2) a component suljjoct to 
lico.nsure is pi-ovisionally 
licensed . 

(b) Provisional 
certification shall not exceed 
six montlis . 

fc) During the provisional 
certification period, the 
regional director shall 
provide consultation and 
teclmical assistance to tJie 
ax'ca-operated components, if 
indicated, to correct any 
areas of non-compliance; the 
area director, to contract 
con.ponents . 

(d) During the provisional 
certification period, the area 
director shall submit a 
statement for review and 
approval by the regional 
director and division director 
describing the corrective 
actionCs) talcen by a 
component ( s ) . 

(e) V,"hen all 
out-of-compliance or 
provisional licensure issues 
are fully resolved and 
documented, a full 
certification shall be issued. 

(f) If all out-of-compliance 
or licensure issues are not 
fully x-esolved and documented, 
a notice shall be sent to the 



area director 30 days prio 
expiration of the provisi 
certification 

decertification proced 
will be initiated by 
regional office unless 
request for v.'?iver of a 
is pending or has 
approved . 

(g) A component sliall 
receive two consecu 
provisional certificat 
unless a request for waive 
a rule(s) is pending. 



r to 
onal 
that 
ures 
the 
a 
rule 
been 

not 
t ive 
ions 
r of 



.0129 FULL CERTIFICATION 

(a) Full certification shall 
be granted only v;hen a 
component is in compliance 
with all applicable rules. 
Full certification is not 
time-limited; however, 

compliance with rules is 
reviewed biennially and 
continued full certification 
is dependent upon maintenance 
of compliance with all 
applicable rules. 

Cb) Full certification of a 
new, uncertified, or 
temporarily certified 

corTiponent shall occur only 
after an on-site certification 
review which determines 
compliance with all applicable 
rules . 

(c) Continued full 
cert if i'j.:!t ion of a component 
not specified in (b) of tliis 
Rule slir.ll occur only when it 
is determined to be in 
complini.ce with all applicable 
rules by participation in the 
biennial review as described 
in Rule .0130 of this Section. 

.0130 BIENNIAL REVIEW 

(a) Each area program and 
its area-operated and 
contracted components which 
are certified as of the 
effective date of the rules in 
this Section may continue 
certif icit ion by participation 
in a bi'Minial self-survey as 
describod in this Rule. 

(b) The regional director 
shall select and notify the 
area programs to be reviewed 
each year of the two-year 
self-survey cycle. 

(c) The area director shall 
appoint a self-survey 
coordinator who must 
participate in a training 
session on the self-survey 
process . 

(d) By the date specified by 
the regional director, the 
area director shall: 

( 1 ) ensure that self-survey 
check sheets have been 
completed by each component 



83 



NORTH CAROLINA REGISTER 






of components 

unresolved 

issues 

identification 

met" by each 



with participation of 
component staff; 

(2) ensure that the Inventory 
of Services is an accurate 
reflection of all services 
provided at the time of the 
self-survey; 

(3) prepare a composite 
report for review and approval 
by the regional director 
consisting of the following: 

(A) a list of all components 
which were in full 
compliance ; 

(B) a list 
having 

non-complian re 
including the 
of rules "not 
individual component; 

(C) a list of components for 
which decertification is in 
process, if any. and reason 
for such action; and 

(D) a statement in the 
format specified in APSM 40-1 
and signed by tlie area 
director and tl;--; area board 
chairperson reflecting that 
the information provided is a 
true and accurate report of 
the compliance status of the 
area program and its 
components ; 

C4J tranr:mit the following to 
the regional director: 

(Al signed composite report; 

and 

(B) a copy of all completed 

cl\eck sheets . 
(e) Appropriate 

certifications shall be 

issued based upon review and 

approval of tlie items in (dJ 

of this Rule. 

.0131 CN'-SITE VALIDATION 
PROCESS 

(a) Four area programs, one 
per region, shall be randomly 
selected by the Program 
Review Branch each year from 
among the area programs 
reviev;ed that year for an 
on-site validation process. 
The selection of the area 
programs for on-.-site 
validation shall occur 
following the self-survey by 
all area programs within a 
region scheduled for 
self-survey that fiscal year. 
A stratified sample of all 
components of the selected 
area programs shall be 
reviewed . 

(b) Notification by the 
division director to the area 
program selected shall occur 
four v;eoks prior to the 
scheduled on-site validation 
review . 

(c) A validation team, 
coordinated by the Program 



Review Branch and composed of 
Raleigh office staff and 
regional office staff from 
the adjoining region(s) in 
closest proximity to the area 
program to be reviewed, shall 
conduct an on-site review to 
validate responses of all 
sampled components. 

(d) The on-site review 
shall bo limited to a maximum 
of 5 working days . 

(e) Tlie division director 
shall forward a final 
validation report to the 
regional director, the area 
board chairperson. and the 
area director. 

(f) The area director shall 
be responsible for 
development of any required 
corrective action statements 
for a component as a result 
of the final validation 
reports . 

(g) Following the final 
validation report. a 
change(s) in certification 
status shall be made, if 
indicated, in accordance with 
Rules .0126, .0128, .0129 and 
.0132 of this Section. 

.0132 DECERTIFICATION 
(a) Decertification of a 
component shall be initiated: 
( 1 ) immediately upon 
confirm i t ion that a component 
subject to licensure is not 
1 icensc J : 

(2) immediately upon 
notific'ition by the licensing 
agency 'hat the license for a 
component lias been revoked; 

(3) immediately when there is 
substantiated evidence of 
conditions ijhich threaten the 
health, safety or welfare of 
individuals served; 

(4) within 30 days prior to 
the expiration of the 
provisional certification if 
the required corrective action 
statement has not been 
submitted and implemented; or 

(5) upon failure to 
participate in the biennial 
self-survey or the validation 
process . 

(b) If, 
evidence , 
director 



review of 

division 

that a 



after 
the 
finds 

component meets one or more of 
the conditions specified in 
(a) of tliis Rule and that the 
appropriate procedures have 
been follov;ed by the division, 
division funds may be withheld 
as outlined in 10 NCAC 14C 
.1013 until compliance is 
achieved as determined by the 
division director. 

.0133 CHANGES IN STATUS 



NORTH CAROLINA REGISTER 



84 



(a) 

form 
shal 
for 
dire 
dire 
occu 
Inve 
excl 
rcqu 
spec 
this 
(b) 
chan 
dire 
f orn 



A "Cliange In Status" 
as specified in APSM 40-1 
1 be submitted immediately 
a component by the area 
ctor to the regional 
ctor when a change(s) 
rs in information in the 
ntory of Services 
uding those situations 
irina an on-site review as 



ifiod in Rule .0134(a) of 

Sect ion . 

Upon validation of the 
geCs)> the regional 
ctor shall forward the 

to the division. 



to reassess 

appl icable 

by the 

has cliangcd 

has changed 



.0134 SITUATION'S REOUIRING 
ON-SITE CERTIFICATION 
REVIEl'/ 

(a) In addition to required 
on-site reviews specified in 
.0127(f) of tliis Section, 
on-site reviews of a component 
shall be condvicted 
co;.Tplianco v;ith 
rules affected 
following changes: 
( 1 ) a component 
providers ; or 
(2) a component 
service(s) provitled. 

(b) In addition to the 
required on-site rovirvjs 
specified in (a) of this Rule, 
on-site roviov.'s nay, at the 
discretion of the regional 
director, bo conducted to 
reassess compliance v/ith 
applicable rules wlien a 
ccr-iponont has changed 
location . 

(c) A certificate shall not 
be transferred from one 
provider or location to 
ano ther . 

(d) A certificate is only 
valid for the service(s) 
specified on the certificate. 

(e) Tlie area program shall 
submit an application for 
temporary certification in 
accordance with Rule .0127 of 
this Section at least 30 days 
prior to anticipated change(s) 
described in (a) of this Rule 
to provide adequate time to 
conduct an on-site 
certification roviev?. 

(f) Based upon findings of 
the on-site review, a new 
certificate shall be issued in 
accordance with Rule .0123 of 
this Section for provisional 
certification or Rule .0129 of 
this Section for full 
certification. or 
dccertif .^ cat ion procedures 
shall be initiated in 
accordance wich Rule .0132 of 
this Section. 

.0135 APPEALS AND WAIVERS 



(a) Area boards may appeal 
the division's actions 
regarding certification and 
the withholding of division 
funds according to the 
procedures specified in 
accounting rule 10 NCAC 14C 
.1013 and the rules for 
contested cases as codified in 
10 NCAC 14B, Section .0300. 

(b) Area board chairpersons 
may request a waiver of an 
individual rule or rules by 
submitting a written request 
to the division director. If 
the commission, secretary, or 
division director grants a 
v.'aiver of a rule, the program 
shall be e.xempt from review of 
the rule for which the waiver 
was granted. 

.0136 CONFIDENTIALITY OF 
REVIEW DATA 

(a) All persons who 
participate in on-site reviews 
shall assure confidentiality 
in accordance with G.S. 
122C-56(c). G.S. 122C-192 and 
10 NCAC 18D .0124. 

(b) Written review findings 
are a matter of public record 
and. as such, shall be 
available for public 
inspection after receipt by 
the area director and the area 
board chairperson. 

DIVISION OF 
Yf/JTH SERVICES 



Notice is 
accoi'dance 
that ti^e 
Services 
regulat ion 
44D .0103. 
proposed 
address 
reversions , 
accounting 



hereby given in 

with G.S. 1508-12 

Division of Youth 

intends to amend 

cited as 10 NCAC 

Tlie purpose of the 

regulation is to 

disbursements, 

and final 

requirements for 



county CBA programs regarding 
Community Based Alternatives 
funds from tlie state. The 
proposed amendment changes tlie 
schedule for disbursement of 
state CBA funds to counties 
from quarterly to m.onthly. 

The proposed effective date of 
this action is September 1, 
1936. 

Statutory Authority: 
G.S. 7A-289.14; 143B-10. 

The public hearing will be 
conducted at 2:00 p.m. on June 
23, 1986 at Division of Youth 
Services, Conference Room, 
Dobbin Building, 705 Palmer 
Drive. Raleigh, N.C. 27603, 
Phone: 733-3011. 



I' 



85 



NORTH CAROLINA REGISTER 



Comment Procedures: Written 
data, opinions, and arguments 
concerning this amendment must 
be submitted by June 16, 1986 
to: Director, Division of 
Youth Services, 705 Palmer 
Drive, Raleigh, N.C. 27603. 
Oral comments (for no more 
than 10 minutes) may be 
presented at the liearing. 

SUBCHAPTER 44D - COMMUNITY 
BASED FUND 



SECTION .0100 



COMMUNITY 
BASED FUND 



.0108 DISBURSEMENT: 

REVERSIONS: FINAL 
ACCOUNTING 

(a) Funds approved for 
Community-Based programs shall 
be disbursed q uar t erly . 
monthly . 

A waiver of this Rule may be 
granted by the Deputy Director 
for Community-Based 

Alternatives Section of the 
Division of Youlh Services in 
light of the special needs of 
a particular program. 
Request.^ for ivaivers shall 
accompany each requesting 
county's Program Agreement 
form . 

(b) A statement of projected 
une.Hpended funds shall be 
filed with tlio regional field 
consultant at the end of the 
■t^^ird q-ttairt-cr nin th month 

of the f iscal e-ach 
year. Ihis statement shall 
be prepared jointly by the 
program director and the 
county finance officer, 
t 1 ) Projected unexpended 
f curt h quarter 
funds of the rema inin g three 

m on t^h s o f tli e fir.cal year 

may be redistributed to other 
programs within tlie county 
on documented need 
tha county. 
Projected une.xpended 

o f the remaining three 



based 

vjithin 

(2) 

f OUl ' tll 

funds 
months 



oft h e f i seal year 



not requested by the county 
may be reallocated to the 
Community-Based Alternative 
Discretionary Fund for use by 
otlier participating counties. 



TITLE 13 



1..B0R 



BOILER AND PRESSURE 
VESSEL DIVISION 

Notice is hereby given in 
accordance with G.S. 150B-12 
tliat the Department of Labor, 
Boiler and Pressure Vessel 
Division intends to amend 
regulations cited as 13 NCAC 



13 .0202(d); .0203(b); 
.0205(b); .0213. The purpose 
of the proposed regulations is 
to increase the fees which the 
Boiler and Pressure Vessel 
Division is authorized to 
charge for its services. 

The proposed effective date of 
this action is September 1 , 
1986. 



Statutory Authority: 
95-69.1 1 and 95-69. 14. 



G.S, 



The public hearing will be 2 
p.m., Friday, June 20, 1986. 
Room 614, Cooper Memorial 
Building, 225 North McDowell 
St., Raleigh, NC . 

Comment Procedures: People 
wanting to present oral 
testimony at the hearing, or 
who want to have v/ritten 
testimony read at the hearing, 
should provide a written 
summary of the proposed 
testimony to the department by 
June 13, 1986. Oral 
presentations will be limited 
to 15 minutes each. Written 
statements not presented at 
the hearing will be accepted 
by the department until June 
30, 1986. All correspondence 
should be directed to: B.L. 
Whitley, N. C. Department of 
Labor, Boiler and Pressure 
Vessel Division, 214 W. Jones 
St., Raleigh, N. C. 27603. 
Interpreters for the hearing 
impaired will be made 
available if requested 24 
hours in advance . 



SECTION .0200 



ADMINISTRATION 



.0202 CERTIFICATE OF 
COMPETENCY AND 
EXAMINATION 
(d) The Board of Boiler and 
Pressure Vessel Rules' 
examination is prepared and 
graded by the nati o nal boar ' d 
National Board and : 

(1) covers the construction, 
installation, operation, 
maintenance and repair of 
boilers and pressure vessels 
and their appurtenances; 

(2) is given on the first 
Wednesday and one-half day 
Thursday in March, June, 
September, and December at a 
site selected by the director; 
and 

(3) is administered upon 
payment of a fee of t wen t y 
thirty-five dollars (020.00) 
($55.00) which is also 
required when the examination 
is retaken by an unsuccessful 
applicant . 



NORTH CAROLINA REGISTER 



86 



.0203 NORTH CAROLINA 
COMMISSION CARD 

(b) Requests for a North 

Carolina conmission card are 
processed upon proof of a 
certificate of coirpetency 

issued by the r . a t i L>iic il b o ard 
National Board and payment of 

a five dollar ($5.00) fee. 
-irE "Htt; rg quc s t irs irrmit; b et we en 
zi aiiLi^r y "t sird iitoitc ^ , or* 
( 2 ) 3 tr-ro d o lla r* and f-if-by 

CT^-bs - (02.50) if 



"irs n fl d c 
Beccnber - 



tii e r eque:^ t 
b et we e n July and 



.0205 OWNER-USER INSPECTION 
AGENCY 

(b) Tlie company shall, in its 
application, designate an 
experienced technician or 
engineer within its enploy as 
its inspec cor-supervisor , who, 
upon appro\'al of the 
application, sliall : 

(1) ascertain that the 
ccmoany's inspectors, pursuant 
to "Rules .0202 and .0203 are 
issued certificates of 
conpetency n.nd owner-user 
coi?,mission cards: 

(2) supervise inspections of 
boilers and pressure vessels 
and see tliat an inspection 
report, signed by the 
ovmer-user inspector, is filed 
at tlie equipniont site; 

(3) promptly notify the 
director of any unsafe boiler 
or pressure vessel; 

(4) maintain a master file of 
inspection records: 

(A) ideiit if y ing each boiler 

and pressure vessel by serial 

number and abbreviated 

dcscr ipt ion ; 

(3) siiowing the date of the 

last aiid ne-xt scheduled 

inspection; and 

(C) made available for 

examination by the director 

or liis representative during 

business hours; and 

(5) file, on a date mutually 
agreed upon with tlie director, 
an annual statement signed by 
the supervising inspector, 
showing tlie number of pressure 
vessels and certifying that 
each inspection v;as performed 
pursuant to these Rules, 
accompanied by -thtr a ppropria te 
•ft;? a fili n g fee of ton 
dollars ($10.00) ner vessel . 



-(-TT+f or ^irtrttri-ntrn 
m c r e "tiTtm 2r:5 
pr e ssu re v e s- ' j^^ls — 



tro-ve r ing rttrt 

boilers and 

s e v e n 



dolla r s ( 07.00) pe-r vess e l ; 
-(tH- -ftrr ^T-at c ' men t s c ov e rin g 
more thrrrt S5 fci^ less -Hran ^6+ 
b-o- il er s arrd pTxnrsmrc vess e ls — 



and fifty 

cov e r ii ' tc; 
lesj. t han 



— o n e hund re d 

d o llars ($150.00) ; 

( C ) for 

more t^rart TOO but 

50-1- b oilers jtrrd pr-e-s-stnr-e 

v e s i e 1 s, — — -fotrr l - iui\di. o d 

d o lla r s (0400 . 00) ; ■ anti 

< D > for s t a t ement «> co v e rin g 

moT-e t han 50-0 boilers arrd 

pressure vessels — — e ight 

Itundred d o lla rs (0000 .00) . 

.0213 CERTIFICATE AND 
INSPECTION FEES 

(a) A s eve n f ourteen dollar 
(07 . 00) ($14.00) certificate 
fee for each boiler or 
pressure vessel inspected by a 
special inspector and found to 
be in compliance with these 
Rules shall be paid to the 
director . 

(b) An inspection and 
certificate fee shall be paid 
to the director for each 
boiler or pressure vessel 
inspected by the state. 
E.xcept v;here specifically 
noted in (1 ) of this Rule, a 
general inspection conducted 
on a power boiler shall carry 
the ijiternal inspection fee. 

( 1 ) Power boilers: 
(A) miniature boilers, 
which do not e.xceed 
16 inches inside diameter 
of shell, 100 pounds 
per sr r.re inch ma.ximum 
allownhle working 
pressi:rc: general 
inspec v ion . . 

$15^00: 



(B) 

firf? t"rrf7g 



f iretubo 

boilers 

with handholes only: 

internal inspection.. 

$25^00 : 

e.xtcrnal inspection while 

under pressure.. 

OlO.OO r 

$1 5.00: 

(C) 

•f rre "t-crbe 

f iretu'io 

boilers with manholes: 

internal inspection.. 

025.0e -r 

$40.00; 

external inspection 

while under pressure.. 

10 . -&-r 



$15.00; 



(D) 

v;at er ■boinr 

watertube 

boilers (coil type): 

general inspect ion ..$ 1 5 . 00 ; 

(E) 

1/ a t e r tube 

v.-atertube 



87 



NORTH CAROLINA REGISTER 



boilers 

with not more than 

500 square feet of 

heating surface: 

internal inspection.. 

^£ 0.00; 

$40.00; 

external ins^^ection while 

under pressure.. 

«-H3-rO&r 

$1 5.00; 

(F) 

wat ertube 

boilers 

with more than 500 

but not more than 

3rOOO square feet of 

heating surface: 

internal inspection.. 

$60 .00; 

external inspection while 

under pressure. . 

^+9T-0er 

$1 5.00; 

vrcrb^T "ttrbt; 

t/ato rtub e 

boilers with more 

than 3,000 

square feet of heabing 

surface: internal inspection.. 

$80 .00 : 

e.xtornal inspection wliile 

under oressure . . 

$20.00: 

(2) Heating boilers and 

pressure vessels: 

(.A) low pressure steam 

and hot water boilers, 

equipped only vjith 

handholes and washout 

pi ugs . . 

$20 .00; 

(B) lev; pz'essure steam 
and liot water boilers, 
equipped with manhole.. 

$3 .00 : 

tC) fired hot water 

supply boilers and 

fired hot water 

heaters equipped with 

a manhole . . 

015.00 -r 

$ 25.00; 

(D) fired hot water 
supply boilers and 
fired hot water heaters 
without a manhole.. 

<H-e-T-oe-r 

$1 5.00; 

(E) each pressure vessel 
subject to inspection 
equipped with a manhole 
or removable heads. . 

$2 5!00: 

(F) each pressure vessel 
subject to inspection 



without a manhole.. 

^ 10.00; 

$15.00; 

(c) Special Inspection - 
tw e n ty — five forty dollars 
(025.00) ($40.00) 

per hour plus expenses 
including travel, hotel and 
meals. The fee for special 
inspections performed outside 
of normal working hours is 
computed at the shop rate. 

(d) Shop Inspection 
e i g li t f i v g d o lla r s (005 . 00 ^ 
one hundred thirty-five 



dollars 



($135.00) 



per 

one-half day (four hours) or 
any part of one-half day or 
orre htmr d re d ami fif ty tiojr lar s 
(0150 .0 -e-> two-hundred and 
fifty dollars ($250.00) for 



one 
or 


day (four to eight hours) 
one thousand one hundred 


and 


fifty dollars ($1,150) 


per 


week (36 to 40 hours), 



plus, in either case, all 
expenses including travel, 
hotel, and meals. This fee 
does not include the regular 
fee for inspection when the 
boiler or pressure vessel is 
installed . 

TITLE 15 - NATURAL RESOURCES 
AND COMMUNITY DEVELOPMENT 

ENVIRCr.'MENTAL MANAGEMENT 
COMMI£,oION 

Notice is hereby given in 
accordance with G.S. 150B-12 
tliat the Environmental 
Managencnt Commission intends 
to amend regulations entitled 
15 NCAC 2D .0501 and .0524. 
The purpose of the proposed 
amendments is to update test 
methods and to add another 
new source performance 
standard . 

The proposed effective date 
of this action is November 1 , 
1986. 

Statutory Authority: G.S. 
143-215. 3(a)(1); 143-215.68; 
143-215. 107(a)(5) . 

The public hearing will be 
conducted at 2:30 p.m., June 
25, 1986 in the Ground Floor 
Hearing Room, Archdale 
Building, 512 North Salisbury 
Street, Raleigh, North 
Carolina. 

Comment Procedures: Persons 
desiring to comment on the 
proposals are requested to 
give written notice thereof 
on or before the hearing 
date. Any person desiring to 
present lengthy comments is 



NORTH CAROLINA REGISTER 



88 



requested to submit a written 
statement for inclusion in 
the record of proceedings at 
the public hearing. The 
record of proceedings will 
remain open for 30 days 
follovjing the hearing to 
receive additional written 
statements; to be included, 
the statement must be 
received by the Division of 
Environmental Management 
within 30 days following the 
hearing. Additional 

information concerning tlie 
hearing or t!ie propos.-ils may 
bo obtained by contacting: 

Mr. Thomas C. Allen 
Division of Environmental 

Management 
P. 0. Eo.x 27687 
Raleigh, N.C. 27611-7687 
(919) 733-7015 

SUBCHAPTER 2n - AIR POLLUTION 
CONTROL REQUIREMENTS 



SECTION 



,0500 - EMISSION 
CONfROL STANDARDS 



(1 
or 

ar 
po 
be 



tiv 
Pr 
Ta 
19 



.0501 CnvpLIAi.'CE VJITH 

EMISSION CONTROL STANDARDS 
(c) 

4) Emission rates for wood 

fuel burning sources which 

e e.xprcssod in units of 

unds per million BTU shall 

determined by a me th od 

r^bcd art -W eFH 6tH^5^ 

"O xygen _R.ar^ed F_ Factor 

^d'lre" 
50, 
Sect ion 



descr i bed in 
A. 



»0 CFR 



ncett".res 



Appendix 
i.o n 5 . 
d escribed in Meth o d 



Method 
Other 



19 m3v be h ?. ed s ubje c t to th e 

a nprov n l of t) i e P i r ector , 



T-on 



of 



Environmental 



Manac re-aent . 



fcf c r r ■•; d ±^ ars t he "-i 
m-c-bi irrd , " req uir e s tire 
c cir^^/'un dioxide trr 



c e mm o nly 
F — fac tor 



us e err 
o.xygc'n 
:^ ur •■ ir f.- nts . h hi- gh er o r d er 
c-f OT^rtr-rrcy -rs n e cessary -irt 
t h e s e i f:c - a jureinentu tJran frrc a 
m o l ec ular w c i g i tt 

de t e rmina t i o ns . 

To provide data of 
sufficient accuracy to use 
with the F-f actor method s , an 
integrated (bag) sample shall 
be taken for tlae duraction of 
each test run. In the case of 
simultaneous testing of 
multiple ducts, there shall be 
a separate bag for each 
sampling train. The bag 
sample shall be analyzed witli 
an Orsat analyzer in 
accordance with ilethod 3 of 
Appendix A of 40 CFR Part 60. 
(The number of analyses and 
the tolerance betweoi; analyses 



are specified in Method 3.) 
The specifications indicated 
in Method 3 for the 
construction and operation of 
the bag sampling apparatus 
shall be follov;ed. 

(g) The version of the 
methods referred to in 
Paragraph (c) of this 
Regulation is that which 
appeared in the Code of 
Federal Regulations as of 
January +-r +^ft5 May 1 , 1986. 

.0524 NEW SOURCE PERFORMANCE 
STANDARDS 

(a) 
(53) Steel Plants: Electric 
Arc Furnaces and Argon-Oxygen 
Decarbur izat ion Vessels 
Constructed after August 17, 
1933 (40 CFR 60.1 to 60.39 and 
60.270a to 60.279a) 



Onshore 



(54) 
Pro cessing : 



Jatural 



Gas 



SO ( 2 ) Emissions 



(40 CFR 60.1 to 60.39 and 
60 .640 to 60.649) . 

(e) The version of the new 
source performance standard 
listed in Paragraph (a) of 
this Regulation is that which 
appeared in the Code of 
Federal Regulations as of 
Sep-bcTirber -l-r +?e5 May 1, 1986. 

Notice is hereby given in 
accordance with 6.S. 150B-12 
that the Environmental 
Management Commission intends 
to amend regulations cited as 
15 NCAC 2D . 1002, .1004, 

and .1005. Two new sections 
of the narrative portion of 
tlie North Carolina State 
Implementation Plan for Air 
Quality on reducing carbon 
mono.xide emissions in Wake and 
Durham Counties are also being 
proposed. The purpose of the 
proposed amendments is to 
reduce carbon mono.xide 
emissions from automobiles in 
Wake Couii ty . 

The proposed effective date of 
this action is November 1, 
1986. 

Statutory Authority: G.S. 
143-215. 3(a) ( 1 ) ; 
143-215. 107(a)(3), (6), (7); 
20-128. 2(a) . 

Tlie public hearing will be 
conducted at 2:00 p.m. on June 
25, 1986 in the Ground Floor 
Hearing Room. Archdale 
Building, 512 North Salisbury 
Street, Raleigh, North 
Carolina . 

Comment Procedures : Persons 
desiring to comment on the 



' 



89 



NORTH CAROLINA REGISTER 






proposals are requested to 
give written notice thereof on 
or before the hearing date. 
Any person desiring to present 
lengthy comments is requested 
to submit a written statement 
for inclusion in the record of 
proceedings at the public 
hearing. The record of 
proceedings will remain open 
for 30 days following the 
hearing to receive additional 
written statements; to be 
included, the statement must 
be received by the Division of 
Environmental Management 
within 30 days follov;ing the 
hearing. Additional 

information concerning the 
hearing or the proposals may 
be obtained by contacting: 
Mr. Thomas C. Allen, Div. 
Environmental Management, P. 
0. Box 27687, Raleigh, N. C. 
27611-7637, (919) 733-7015. 

SUBCHAPTER 2D - AIR POLLUTION 
CONTROL REQUIREMENTS 

SECTION .1000 - MOTOR VEHICLE 
EMISSION CONTROL STANDARD 

1002 APPLICABILITY 

;cept for motorcycles and 

:or vehicles v;hich are older 

in 12 model years, excluding 

current model year, all 

;ol ine-pov;ered motor 

icles 'which are regis bci ' c - d 

:a i red to h'^ registered by 

Divisi on of Motor Vehicles 

■o-r ?n d v;hich are based in 

klenburg County and VJake 

nty 

to the 
Section . 



timr 
Mcc 
Cov 



ar 
reg 



subject 
ulatioriG of this 



.1004 EMISSION STANDARDS 
(a) The following standards 
specify the m.a.ximum carlion 
monoxide concentrations 
permitted to bo e.xhatisted from 
motor vehicles subject to 
these Regulations: 

Vehicle Class 
Light-duty Vehicle 
Year 




later 



Carbon Mono.xide Standard 
At Idle (Percent) 



Vehicle Class 

Heavy-duty Vehicle 

Model Year 

^-9 71 1 9 75 

1974 

^»r-' ) 19 70 

1 975-1978 

1979 and later 

Carbon Monoxide Standard 
At Idle (Percent; 



(b) Exceptions or variances 
to the standards of Paragraph 
(a) of this Regulation, other 
than those specified in 
Regulation .1002 of this 
Section, are permitted only in 
accordance with the provisions 
of beet X o n Vx ox trrc 
Sgrfct y/ E m ission Inopec t ion 
ft'T g u l at io n s fT3T Meckl e nbu r g 
Gorrnty t he Emissions Test 
E_r_of^dj I • ■ o s Section of the 
"Safet -■ E missions • Windshield 
P rocedi 'I' os Manual" as set 
forth '-iy the North Carolina 
Division of Motor Vehicles. 

.1005 MEASUREMENT AND 
ENFORCEMENT 

The metliods fox' measuring the 
carbon mono.xide e.xhaust 

c:7)issions are specified in the 
&crfo-ty7^E"ri-3trixrn Ins pe c t ion 

Rcguiatrircn^ ftrr MccrklrcTrinrrg 
{?-?rtmty "Sa fety, Emissions. 
Mii^dsh i eld Procedures Manual" 
as set forth by tlie North 
Carolina Division of Motor 
Vehicles. The methods for 

enforciiicf the standards of 
this Section are contained in 
the Sgf \-b y/E n- i^si o n -t nspec t ion 
Rcgul at i ons xx7r Mcckl cnbur g 
C o u n t y rmd -Hto Safe t y 

iTrs"pcct LoTx Regulafc ions 

"Safety. E missions, Windshield 
Proc e duros Manual" as set 
forth by t!ie North Carolina 
Division of Motor Vehicles. 

SOIL AND WATER CONSERVATION 
COMMISSION 

Notice is hereby given in 
accordance with G.S. 150B-12 
tliat the Soil and Water 
Conservation Commission 
intends to adopt regulation 
cited as 15 NCAC 6A .0009. 



NORTH CAROLINA REGISTER 



90 



The purpose of the proposed 
regulation is to define 
conditions for the removal of 
a district supervisor. 

The proposed effective date of 
this action is September 1 , 
1986. 



Statutory Authority: 
143B-294; 139-7. 



G.S. 



The public hearing will be 
conducted at 10:00 a.m. on 
June 16, 1986 in the Fifth 
Floor Conference Room. 
Archdale Building. 512 North 
Salisbury Street, Raleigh. 
North Carolina. 



Co 

d 

pr 

wr 

bo 

pe 

le 

to 

fo 

pr 

he 

pr 

fo 

he 

VI r 

Ad 

CO 

pr 

CO 

Lo 
Co 
27 
27 



ent Procedures: Persons 
j-'ing to comment on the 
osal are requested to give 
ton notice t.hereof on or 
re the hearing date. Any 
on desiring to present 
tliy comments is requested 
ubmit a written statement 
inclusion in tlie record of 
eedings at the public 
ing . The record of 
codings will remain open 
30 days follov/ing the 
ing to receive additional 
ten statements . 

tional inform.ation 

erning the hearing or the 
osal may be obtained by 
acting: Mr. Douglas 
s, Liv. of Soil and Water 
ervation. Post Office Bo.x 
7, Raleigli. N. C. 

1-7687, C919) 733-2302. 



SUBCHAPTER 6A 



- ORGANIZATION 
AND OPERATION 



.0009 SUPERvI.'^OR VACANCIES 
Soil and Water Conservation 
District supervisors may be 
renoved from office by the 
Commission upon notice and 
hearing for neglect of duty, 
incompetence or malfeasance in 
office, but for no other 
reason. Evidence of neglect 
of duty sliall include, but is 
not limited to, tlie ceasing to 
discharge the duties of the 
office over a poriod of three 
consecutive mont.hs except v;hcn 
prevented by sickness. 
District boards shall advise 
the commission in writing of 
the failure of any supervisor 
to so discliarge his duties 
over the tlirce-nonth period. 

TITLE 18 - SCCRET.ARY OF STATE 



Notice is 
accordance 



NOTARY PUBLIC 

here'iv given in 
with G.S. 1 SOB- 12 



that the Secretary of State 
intends to adopt, amend, and 
repeal regulations cited as 18 

NCAC 7 
.0101, .0103, .0201, .0203, 
.0206, and .0300. The 
purpose of the proposed 
regulations is to correct 
inaccurate references in 
existing regulations, to 
delete repetition of statutory 
material and to establish 
policies for the notary public 
education program. 

The proposed effective date of 
this action is September 1, 
1936. 

Statutory Authority: Chapter 
10 of the General Statutes. 

The public hearing will be 
conducted at 2.00 p.m. on June 
16, 1986 at Room 302, 
Legislative Office Building, 
500 N. Salisbury Street, 
Raleigh, North Carolina. 

Comment Procedures: Comments 

should be submitted by June 
12. 1986 to Ludelle 

Hatley, Notaries Public 

Deputy, Department of the 

Secretary of State, 300 N. 

Salisbury Street, Raleigh, 
N.C. 27611. 



SECTION .0100 
PROVISIONS 



GENERAL 



.0101 LOCATION AND HOURS 
The notiiry public division of 
the ['cpnrtment of the 
Secretary of State is located 
in Room -1 1 ■■ Adminis t ra t i o n 
D u ildi ntn" 1 1 5 W e s t Jon e s 
&t I' e e t . Ral ^^ igh . Nor t ii 
e-nrfd-rra a7-&&3 302, 



Office Building, 



Leqisi a t ive 

300 Nor th S r:li-::h u rv Street, 

Ra lsiqh," North Carolina 27611. 
Office iiours for the public 
are 8:00 a.m. to 4:00 p.m. 
Monday through Friday with the 
e.xceptiop.s of state holidays. 

.0103 
HQJ-PfWf PUBbie e FF ICER 
NOTARIE S PUBLIC DEPUTY 
The chief officer of the 
division is the ff o t a r y Publ ic 
Of ficer , N otaries Public Deputy, 
an employee of the Secretary of 
State, who has general 
supervisory control over the 
division . 



SECTION .0200 



APPOINTMENT OF 
NOTARIES PUBLIC 



.0201 



REQUIREMENTS FOR 
INITIAL APPOINTMENT 



91 



NORTH CAROLINA REGISTER 



The appointment of notaries 
public is v;ithin the ubsvjlu te 
discretion of the Secretary of 
State. Equal consideration will 
be given to all persons making 
application on the form 

"Application for Init ial 

Appointment as Notary Public" 
and meeting the 

f trl lov7 mg r c c| u i r cm c ii t s ; 
eligibility requirements set out 
in G. S. 10-1. 1. 

( 1 ) S"a t isf ac fc ory c o -n ple t i o n of 
tire co urse erf s-Ktdy ap prove d 
by tire Se cre t a ry <yf S t a te . 
de v e lop e d by -tlTn-b o-ff-j- c c . t^te 
&?p-:i rtmcnt c-f G-o:n muni t y 

C o ll eges ami t+rc j nst li rtrbc tyf 
C o v cr n rr en t . Eatrii tipp-t-xc-arrt 

f o " art irrit-irrt co mi nlLis -igrt 
sHtrHr a pp l y di rect l y ±-0 t+tc 
co-rnwa nity co ll crp; or- te chnic j1 
CO 1.- 1 egg oif ch o i ce -tro crr r o ll in 
c la3 -T iiTS-t-rutrtor-s sha H: -f-il-c 
cval-atrtron T c-pca ~lrs on e ac h 
d-atrs a+t-CTrdairb with t^he 
Hot ri r ie s Ptri^lric B- ivisi ort arsd 
■strc-h r impo rt;, shtrllr b e c o m e a 
part: trf np p l i -cni i t ' s - fil e . 
rr act ici ng :r-bttrmtry-s at- irsTT 
rr-eirrp-b "froin t-hc f oreg o i irg 



b=r£-v The 

ire Tt 

■im NoT-th 

a no-bary 

vriii be 



r eqtiirrcTirc nt-r 

(2) Rcgrs-berr-d r-o- 

applicai rc -".^ral^ 

r egi5 tc r ':; d vrrL-c r 

€rrrcr li : ia berl' or g 

p-ab-tic c o n wi i isio n 

irsistrcth- 

■(-c5^)- Re-co m rr'^ 

Ai7piica-H:-3n ?;ha-tt be 

ax ::cor, p Anic d by t-hc 

r cc oTinrriTchTTri-on ttt; t-a clraratrt^r 

arrd -f4:tTrGs-s fr-om a p ubli c ly 

c l ect-c d C" f f i c i?-! -fTxtni the 

c o u n-ty-r- djrs tr ic t err 

muniTT^pnl 1 ty "trt wliich tiTe 

ti p plica rrb li v es . 



;203 



DISQUALIFICATION 
(REPEAL) 



, 020r3 REQUIREMENTS FOR 
REAPPOINTMENT 
a) For reappointment as a 
ry public. either a 
ent "Application for 
R eappointment as 
ry Public" or the form 
the notary at the time of 
ance of last commission 
be completed and 
itted with tJie statutory 



( 
nota 
curr 

Nota 
sent 
issu 
must 
subm 
fee . 



(1) based on the Instructor's 
Guide developed by the 
Department of Community 
Colleges and the Department of 
the Secretary of State; 

(2) taught by an instructor 
certified by the Secretary of 
State. 

.0302 INSTRUCTORS 

(a) In order to be certified 
to teach a course of study for 
notaries public, an instructor 
must : 

( 1 ) Complete a si.x liour 
instructor's course taught by 
tiio Notaries Public Deputy or 
other person approved by the 
Secretary of State with a 
grade of not less that 80; 

(2) have si.x months active 
experience as a notary public; 
provided that registers of 
deeds. their assistants and 
deputies, clerks of court. 
tlioir assistants and deputies 
and practicing attorneys at 
law shall bo e.xcept from this 
requirements ; 

(3) Purchase an approved 
notary public manual. 

(b) Certification shall be 
effective for two years and 
may be renewed by taking a 
recort if icat ion course taught 
by tlio Notaries Public Deputy 
cr othor person approved by 
the Sec.ctary of State. 

.0303 APPROVED MANUAL 
The manual approved by the 
Secretary of State for 
purcha.'-'j by notaries public is 
the ed:. tion of the Notary 
Public Guidebook for North 
Carolina published by the 
Institute of Government, 
University of North Carolina 
at Cliapcl Hill which is 



current 
purchase 

TITLE 21 



at 



the 



time 



of 



LICENSING BOARDS 



SECTION 



,0300 - NOTARY PUBLIC 
EDUCATION PROGRAM 



N.C. BOARD OF MEDICAL 
EXAMINERS 

Notice is hereby given in 
accordance with G.S. 150B-12 
that tlie Board of Medical 
E.xaminers intends to adopt 
regulation cited as 21 NCAC 
32H .1004. The purpose of the 
proposed regulation is to set 
medical guidelines for 
operators of air ambulances. 



.0301 APPROVED COURSE 
CF STUDY 

In order to be approved by 
the Secretary of State. a 
course of study for applicants 
for appointment as a notary 
public must be: 



The proposed effective date of 
this action is October 1, 

1986. 



Statutory Authority; 
143-514. 



G.S, 



NORTH CAROLINA REGISTER 



92 



I 



The public hearing will be 
conducted at 2:00 p.m. on June 
18, 1986 at Division Facility 
Services, Room *201, 701 
Barbour Drive, Raleigh, N. C. 

Comment Procedures: U'ritten 
comments will be received 
beginning June 1, 1986 and 
ending July 1, 1986. These 
com-onts should be sent to: 



Office of 



Emergency Medical 



Services, Division of Facility 
Services, 701 Barbour Drive, 
Raleigh, N. C. 27603. Oral 
coir.ments will bo received the 
d.'sy of the public hearing. 



SUBCHAPTER 32H - 
INTENSIVE CARE 



MOBILE 



SECTION .0100 - GENERAL 
INFCRHj\TIQN 



1004 



PROGR.AM 



iIR A:'3ULANCE 
CRITERIA 

(a) A>ir anbulance programs 
operatina under the authority 
of 10 NCAC 3D 

.0 101(b)(4) (B) must submit a 
proposal for program appro\'al 
to the Office of Emergency 
Nodical Services at least 60 
days prior to field 
implementation. The proposal 
must document that tlie procrram 
l-;as : 

(1) a defined service area; 

(2) a riliysician medical 
director responsible for: 

(A) the establ ishmeut 
updating of ti-eatment 
transfer protocols; 

(B) medical supervision 
the selection, training, 
performance of medical crew 
members as defined in 1 N'CAC 
7D .0115: 

(C) the medical review of 
patient care : 

(D) medical management of 
the program. Pending formal 



and 
and 

of 
and 



medical crew 
actions or 

determined to 
to patient 



review, the medical director 

may temporarily suspend from 

the program any 

member whose 

medical care are 

be detrimental 

care ; 

(3) adequate manpower 
trained, in accordance with 10 
NCAC 3D .0115, to ensure that 
the program v;ill be 
continuously available on a 24 
hour-a-day basis; 

(4) an audit and review panel 
v.hich meets on a regular basis 
to: 

(A) review cases and 
determine the appropriateness 
of medical care rendered; 
(S) make recommenddat ions to 
the m.edical director about 
tlie continuing education 
needed by medical crew 
members ; 

(C) review/revise policies, 
procedures, and protocols for 
tiTe program; 

(5) patient transfer 
protocols that have been 
reviewed and approved by the 
office of Emergency Medical 
Services . 

(b) Air am.bulance 
based outside of 
Carolina may be 
approval by the 
Emergency Medical 



programs 
North 
granted 
Office of 
Services to 



oDorato in North Carolina 
under : - NCAC 3D .0101 (b) (4) 
(B) by submitting a proposal 
for program approval. The 
proposal must document th.at 
the program meets all criteria 
specified in Section .1004(a) 
of this Subchapter, 
(c) .\ir ambulance programs 
implemented prior to June 1 , 
1536 and v:hich operate under 
the authority of 10 NCAC 3D 
.0101 (b) (4) (B) must 
document compliance with 
Section .1004 of this 
Subcliapter by June 1, 1987. 



93 



NORTH CAROLINA REGISTER 



NORTH CAROLINA ADMINISTRATIVE CODE 



LIST OF RULES AFFECTED 



EDITION X, NO. 2 


EFFECTIVE: 


May 1, 1986 


AGENCY 


ACTION TAKEN 


EFFECTIVE DATE 


AGRICULTURE: 








2 NCAC 9K 


.0205 


Amended 


5/1/85 


9K 


.0212 


Amended 


5/1/86 


2 NCAC 33 


.0201 


Amended 


5/1/85 


38 


.0203 


Amended 


5/1/86 


38 


.0301 


Amended 


5/1/86 


33 


.O'hOI 


Amended 


5/1/85 


2 NCAC 48C 


.0008(3) (Temp. Amended) 


3/21/86 


CULTURAL RESOURCES: 


Amended 




7 NCAC 2A 


. 1 1 ( a ) 


5/3/85 


7 NCAC 4M 


.0102 


Amended 


5/3/86 


BOARD OF ELECTIONS: 






8 NCAC 8 


.0001-. 0002 


Adopted 


3/24/86 


8 


.0 003 


Adopted 


4/9/86 


HUMAN RESOURCES: 


Adopted 




10 NCAC 8G 


.0607 


5/1/86 


10 NCAC 10F 


.0029 


Amended 


5/1/85 


10F 


.0032-. 0034 


Amended 


5/1/86 


10F 


.0039 


Amended 


5/1/86 


JUSTICE: 








12 NCAC 9B 


.0225-. 0227 


Adopted 


5/1/86 


9B 


.0505 


Amended 


5/1/85 


9Q 


.0102 


Amended 


5/1/86 


9D 


.0104-. 0105 


Amended 


5/1/86 


9D 


.0202 


Amended 


5/1/85 


9D 


.0205 


Amended 


5/1/86 


LABOR: 








13' NCAC 7C 


.0101 (a)(99) 


Amended 


5/1/86 


NATURAL RESOURCES & COMMUNITY 


DEVELOPMENT: 




15 NCAC 21 


.0106 


Adopted 


5/1/86 


21 


.0301 


Amended 


5/1/86 


2J 


.0004-. 0007 


Amended 


5/1/86 



NORTH CAROLINA REGISTER 



94 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT 



1 

2 

3 

4 

5 

6 

7 

8 

9 
10 
11 
12 
13 
14A 
15 
15 
17 
18 
19A 
20 

^2^ 

22 
23 
24 
25 
26 



Administ 
Agricult 
Auditor . 
Commerce 
Corrocti 
Counc il 
Cultural 
Elect ion 
Governor 
Human Re 
Insuranc 
Justice . 
Labor, D 
Crime Co 
Natural 
Educat io 
Revenue . 
Secret ar 
Transpor 
Treasure 
Occupnt i 
Administ 
Communit 
Indepcnd 
Pcrsonne 
Office o 



ration. Department of 
uro. Department of 

Department of State 
. Department of 
ons. Department of 
of State 

Resources. Department 
s. State Board of 



sources, Department of 
e. Department of 

Department of 
opartment of 
ntrol. Department of 

Resources and Community Development 
n. Department of 

Department of 
y of State 

tation. Department of 
r. Department of State 
onal Licensing Boards 
rative Procedures 
y Colleges, Department of 
ont Agencies 
1, Department of State 
f Administrative Hearings 



Tille 21 contains tlie chapters of the various 
occupational licensing boards. 



CHAPTER 

2 

4 

6 

8 
10 
12 
14 
16 
18 
20 
21 
22 
25 
28 
30 
31 
32 
33 
34 
36 
37 
38 
40 
42 
44 
46 
48 
50 
52 
53 
54 
56 
58 
60 
62 
64 

56 



LICENSING BOARD 



Arch 
Auct 
Barb 
Cert 
Chir 
Cont 
Cosm 
Dent 
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95 



NORTH CAROLINA REGISTER 



CUMULATIVE INDEX 
(April 1, 1986 - March 31, 1987) 

1986 
Pages Issue 

1 - 73 April 

74 - 97 May 

AO - Administrative Order 

E - Evrata 

EO - Executive Order 

FR - Final Rule 

GS - General Statute 

JO - Judicial Order 

LRA - List of Rules Affected 

PR - Proposed Rule 

SO - Statements of Organization 

TR - Temporary Rule 

ADMINISTRATIVE ORDERS 
Beecher Reynolds Gray, 47 AO 
Fred Gilbert Morrison, Jr., 48 AO 
Anaela Rebecca Bryant, 49 AO 
Thomas R. West, 50 AO 

coMMi :e 

Milk Commission, 74 FR 
Savings and Loan, 78 PR 

CULTURAL RESOURCES 
Archives ind History, 78 PR 

EXECUTIVE ORDERS 
Executive Orders 1-25, 23-44 EO 

GENERAL STATUTES 
Chapter 7A, 21-22 GS 
Chapter 150B, 3-21 GS 

HUMAN RESOURCES 
Mental Health, Mental Retardation 

and Substance Abuse, 80 PR 
Youth Services, 85 PR 

JUDICIAL ORDERS 
Appointment 

Robert A. Melott, 45 JO 

LABOR 
Boiler and Pressure Vessel, 86 PR 

LICENSING BOARD 
Medical Examiners, 92 PR 

LIST OF RULES AFFECTED 
Volume 10, No. 1 
(April 1, 1986), 71 LRA 
Volume 10, No. 2 
(May 1 , 1986), 94 LRA 

NATUPJVL RESOURCES AND COMMUNITY DEVELOPMENT 
Environmental Management, 88 PR 
Soil and Water, 90 PR 

OFFICE OF ADMINISTRATIVE HEARINGS 
General, 52 PR 
Hearings Division, 61 PR 
Rules Division, 52 PR 

SECRETARY OF STATE 
Notary Public, 91 PR 



NORTH CAROLINA REGISTER 96 



STATEMENTS OF ORGANIZATION 
Office of Administrative Hearings, 51 SO 






97 NORTH CAROLINA REGISTER 






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99911 jSMBaa O d 



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